PLANNING FOR BIODIVERSITY

Authorities in State Land Use Laws

Cover images: New Orleans, LA, courtesy of NASA's Earth Observatory.
Species photos courtesy of Larry Masters, NatureServe.
PLANNING FOR BIODIVERSITY
Authorities in State Land Use Laws

Environmental Law Institute®

Defenders of Wildlife
Copyright©2003
 RELATED RESEARCH REPORTS FROM ELI

IN THIS SERIES:

Planning with Nature: Biodiversity Information in Action

Conservation Thresholds for Land Use Planners
Nature-Friendly Ordinances: Local Measures to Protect Biodiversity (coming soon)

FROM ELI’S BIODIVERSITY AND LAND USE PLANNING PROGRAM:

Halting the Invasion: State Tools for Invasive Species Management

Banks and Fees: The Status of Off-site Wetland Mitigation in the United States
Smart Links: Turning Conservation Dollars into Smart Growth Opportunities

Copies of these reports can be ordered at www.elistore.org or by calling 1-800-433-5120.

Planning for Biodiversity: Authorities in State Land Use Laws

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Defenders of Wildlife
Washington D.C. All rights reserved.

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 PART ONE | III

ACKNOWLEDGMENTS

T
his report was prepared by the Environmental Law Institute (ELI) and Defenders of Wildlife with funding from
the Doris Duke Charitable Foundation. The authors of this report are: Linda K. Breggin, ELI Senior Attorney
and Director of Southeast Environmental Programs; Susan George, Field Council, Defenders of Wildlife; and
Erica H. Pencak, ELI Research Associate. The authors would like to thank Jessica B. Wilkinson, ELI Science and Policy
Analyst and Director, State Biodiversity Program and James M. McElfish, ELI Senior Attorney and Director, Sustainable
Use of Land Program, for their guidance and comments. The authors also gratefully acknowledge the comments provid-
ed by Stuart Meck, Senior Research Fellow, American Planning Association. The content of this report is, nevertheless,
solely the responsibility of the authors.
IV | PLANNING FOR BIODIVERSITY
 PART ONE | V

TABLE OF CONTENTS

Introduction..................................................................................................................................................................vii

Part One: Biodiversity and Land Use.............................................................................................................................1

The Importance of Biodiversity...........................................................................................................................1
Causes of Biodiversity Loss.................................................................................................................................2

Part Two: State Land Use Planning Enabling and Growth Management Laws...............................................................3
Land Use Planning Enabling Laws......................................................................................................................3
Growth Management Laws.................................................................................................................................4
Biodiversity-Related Terms in Land Use Planning Enabling and Growth Management Laws ............................5

Part Three: Scope and Methodology..............................................................................................................................7

Part Four: Biodiversity Provisions in State Land Use Planning Enabling Laws................................................................9
Local Planning Provisions Related to Biodiversity...............................................................................................9
Local Government Planning Authorities................................................................................................9
Mandatory Local Plan Elements............................................................................................................9
Discretionary Local Plan Elements.......................................................................................................11
State-Level Planning Authorities and Duties Related to Biodiversity.................................................................12

Part Five: Biodiversity Provisions in State Growth Management Laws...........................................................................15

State-Level Planning Authorities and Duties Related to Biodiversity.................................................................15
Statewide Plans....................................................................................................................................15
Regulatory, Management, and Budgetary Duties.................................................................................16
Goals and Standards for Local Plans.....................................................................................................17
Direct Involvement in Land Use Decisions.........................................................................................17
Recommendations and Advice Related to Biodiversity.........................................................................18
Assistance to Localities.........................................................................................................................18
Local Planning Provisions Related to Biodiversity..............................................................................................19
Local Government Planning Authorities..............................................................................................19
Mandatory Local Plan Elements..........................................................................................................20
Discretionary Local Plan Elements.......................................................................................................21
Additional Local Authorities................................................................................................................21
Incentive and Review Mechanisms.......................................................................................................22
Funding Incentives and Restrictions.......................................................................................22
Local Plan Review...................................................................................................................22

Part Six: Conclusion....................................................................................................................................................23

Appendix A: State Narratives............................................................................................................................................1

Appendix B: Bibliography..............................................................................................................................................1
VI | PLANNING FOR BIODIVERSITY

INTRODUCTION
S
tate and local land use decisions have a critical effect
on plants, animals, and other living resources. This
report is the first to examine the land use planning
enabling and growth management laws in each of the 50
states and identify provisions that may provide authority
for land use regulators to consider biodiversity protection
in making decisions. “Biodiversity” is “the variability
among living organisms on the earth, including the vari-
ability within and between species and within and
between ecosystems.”1 The report identifies a wide range
of currently underutilized and potentially powerful
authorities related to biodiversity protection, including
planning requirements for natural resources, open space,
wildlife habitat, and critical and sensitive areas. Some of
the provisions grant authorities to state governments that
could be used to forward biodiversity protection, while
others address the authorities and duties of local govern-
ments.
This report can be used by citizens and government
officials to help protect biodiversity in the areas in and
surrounding their communities. For example, a commu-
nity group concerned about the effects of proposed
changes to a local master plan on urban wildlife in a near-
by river corridor can determine what elements of state
planning law support a conservation-oriented approach.
In this and many other cases, the report can help the read-
er determine whether the local government that is making
the land use decision has the explicit authority or duty to
take biodiversity concerns into account.
PART ONE | VII
For example, the state growth management law may
specifically provide that local governments must: identify
river corridors and adopt river corridor protection plans as
part of their planning process; address whether river cor-
ridors are unique or significant in the conservation and
movement of flora and fauna including threatened, rare or
endangered species; and address whether alteration of the
river corridors would have a measurably adverse impact
on adjacent sensitive natural areas.2 A community group
or resident could use the statutory language described in
this report to start a dialogue with local government offi-
cials and other stakeholders in an effort to move toward a
local master plan amendment that is protective of biodi-
versity in the river corridor.
Part One provides information on the importance of
biodiversity and causes of biodiversity loss. Part Two
describes the two types of laws that are examined in this
report, state land use planning enabling laws and state
growth management laws, and the aspects of these laws
that relate to biodiversity protection. Part Three defines
the scope of the report and its methodology. Parts Four
and Five present the research findings. Part Four discuss-
es land use planning enabling laws. Part Five discusses
growth management laws. The appendices to the report
include narratives that describe on a state-by-state basis
the laws that were examined for this report. In addition,
a bibliography of resources related to land use and biodi-
versity is included.
VIII | PLANNING FOR BIODIVERSITY

PART ONE: BIODIVERSITY AND LAND USE
THE IMPORTANCE OF BIODIVERSITY
A
cross the country, the health of ecosystems and the
species they sustain have declined dramatically
since Europeans settled North America. From 3
the destruction of ancient forests in the Pacific Northwest
to the loss of long-leaf pine forests and savannas in the
Southeast, no state is immune. States across the country
are at risk of losing remaining ecosystems, which maintain
the natural processes that make for fertile soils, breathable
air, and clean water, and which are much loved by out-
door enthusiasts, hunters, fish-
ers, and tourists. 4
The eminent Harvard biolo-
Biodiversity is the "variability among liv-
gist E.O. Wilson in 1992 warned ing organisms on the earth, including the facilities would be in the bil-
that one of every five species on variability within and between species
Earth could become extinct by and within and between
the year 2020. While extinction
is neither a novel occurrence nor
an unnatural one—humans have
been altering the environment
and triggering extinctions for thousands of years—the
accelerated rate at which species and habitats are disap-
pearing is a new and alarming phenomena. If current
trends continue, the planet may suffer a massive wave of
extinctions unparalleled since dinosaurs became extinct
some 65 million years ago.5 The irrevocable loss of such a
staggering number of species could dangerously weaken
the rich web of biodiversity that sustains human life.
The Environmental Protection Agency’s independent
Science Advisory Board in 1990 identified species extinc-
tion and habitat loss as two of the highest risks to “natu-
ral ecology and human welfare.” Although the degree of
habitat loss and species decline varies, no state is unaffect-
ed. So widespread is the damage that entire ecosystems in
the United States are threatened with extinction.
According to a 1995 report issued by the Interior
Department’s National Biological Service (NBS), 27
ecosystems have declined by 98 percent or more since
European settlement of North America. These ecosys-
tems include native grasslands in California, prairies in
Oregon, ungrazed sagebrush steppe in inter-mountain
western states, oak savannas in Midwestern states, sedge
meadows in Wisconsin, and lakes and beaches in
Vermont. 6
PART ONE | 1
Inseparable from the ecosystems are the services they
provide, including soil creation, erosion prevention, flood
control, and oxygenation of water and air. Loss or disrup-
tion of these and other natural processes has significant,
although often hidden, costs. For example, forests on
mountain slopes absorb and retain water, helping to
reduce runoff and erosion and prevent downstream flood-
ing. Deforestation leads to increased erosion and flooding
with economic and human losses. Another example is the
natural water filtration functions provided by wetlands,
estuaries, and aquatic systems. If these biological filters
are damaged, the cost of
replacing them with mechan-
ical and chemical treatment
lions of dollars.7
ecosystems." Moreover, ecosystems
sustain species. If ecosystems
- American Heritage Dictionary are degraded, then species are
(4th Edition 2000) bound to suffer. And if
species dwindle to critical
lows, they become eligible for listing as endangered or
threatened under the federal Endangered Species Act. By
waiting until ecosystems have deteriorated to the point
that their component species are in danger of extinction,
society may incur huge social and economic costs trying
to restore them.8
Ecosystems also supply timber, fibers, and minerals
that humans depend on for food, medicine, shelter, cloth-
ing, and transportation. Biodiversity loss can lead to food
shortages when, for example, over-harvested ocean-fish
populations crash or wild plants used to make domesticat-
ed crops more disease- or pest-resistant become extinct.
Wild species are also a vital source of new curative drugs.
Roughly half of all prescription medicines are derived
from natural sources. Natural resource-dependent indus-
tries are important components of some state economies
while others benefit from the multi-billion dollar U.S.
agriculture and pharmaceutical industries.9
Biodiversity also has enormous recreational value.
Americans are fascinated by wildlife and derive great plea-
sure from seeing animals and plants in their natural state
as evidenced by the skyrocketing number of people who
participate in wildlife-oriented recreation. According to a
2001 Survey, conducted by the U.S. Fish and Wildlife
Service, 66.1 million people participated in at least one
2 | PLANNING FOR BIODIVERSITY
type of wildlife-watching activity, including observing,
feeding, or photographing wildlife.10 Wildlife watchers
spent $108 billion in 2001,11 an amount equal to 1.1 per-
cent of the gross domestic product. Small communities
and local economies benefit most from this passion for
wildlife. For residents of these areas, wildlife provides
more than just attractive scenery. It is a vital economic
resource that must be protected.12
CAUSES OF BIODIVERSITY LOSS
The primary causes of biodiversity loss in the United
States are habitat destruction, degradation, and fragmen-
tation followed by competition with or predation by non-
native invasive species.13 Each of these causes of biodiver-
sity loss is affected, in part, by state and local land use
planning decisions.
The direct loss of native habitat, the more subtle
effects of habitat degradation, and the fragmentation of
habitat into smaller patches all have severe consequences
for biodiversity.14 Key contributing factors are land con-
version for development, road building, agriculture, water
development, outdoor recreation, and resource extraction
for mining and logging.15 Ecosystem degradation is far
more subtle and difficult to measure than outright habitat
loss. For example, modification of natural stream chan-
nels and drainage patterns for agriculture or to control
flooding affects terrestrial ecosystems as well as aquatic
habitat. The elimination or minimization of natural pat-
terns of disturbance, such as fire or flooding, can also
cause severe habitat degradation.16
Habitat fragmentation is also a significant threat to
biological diversity wherever human activities dominate
the landscape. Habitat fragmentation is a process where-
by large continuous areas of habitat are reduced in size and
separated into discrete parcels. As roads are built, houses
erected, and agricultural land cleared, a patchwork of
habitat fragments is left behind. The fragments are often
isolated from one another by a highly modified landscape
that is inhospitable to many native species. While frag-
mentation often results from a dramatic reduction in the
area of the original habitat, it also occurs when habitat is
divided by roads, drainage ditches, dams, power lines,
fences, or other barriers to the free movement and migra-
tion of plant and animal species.17
Non-native invasive species, or exotics, also signifi-
cantly contribute to the loss of biodiversity. The ability of
a non-native species to invade a natural community may
be further facilitated when landscapes become modified,
degraded, and fragmented by development.18 Many
species that have evolved in different regions of the world
have been intentionally transported by humans or inad-
vertently introduced through trade and travel. Most
introduced species do not become established in their new
environments. Yet, because invasives are transplanted to
areas where their natural predators do not exist, they may
have a substantial advantage over native species. Those
non-native species that do establish themselves can greatly
influence the composition of native species through com-
petition for resources, direct predation, or alteration of the
existing habitat such that indigenous species can no longer
survive.19 Non-native species now comprise approximate-
ly 5 percent of the total U.S. continental biota,20 and in
some states, almost 50 percent of the total flora.21
Given that land development contributes to all of the
leading causes of biodiversity loss, including habitat
destruction, degradation and fragmentation, and non-
native invasive species, state and local land use planning
can be a critical tool for protecting biological diversity. In
particular, the pattern and location of land use is of vital
importance. For example, typically, the less compact the
pattern of development, the more land is fragmented and
degraded. Of equal importance to the pattern of develop-
ment is the location of development. Development deci-
sions that consider biologically sensitive areas, such as wet-
lands, flood plains, and rare habitats, and foster large
blocks of contiguous habitat and linkages between existing
open space help protect biodiversity.

PART TWO: STATE LAND USE PLANNING ENABLING
AND GROWTH MANAGEMENT LAWS
T
he role of state government in halting the loss of
biodiversity is crucial for several reasons. State
governments bear the responsibility for managing
wildlife within their borders, own and manage lands of
tremendous biological value, and exert considerable influ-
ence over economic development and private land use
within their borders, which significantly impact wildlife
and habitat.22
Several types of state laws provide authority for states
and local governments to protect biodiversity.23 This
report focuses on two types of state laws that affect land
use and development decisions: land use planning
enabling laws and growth management laws. These laws
have received limited attention with respect to how they
can be used to protect biodiversity, yet their provisions
have a substantial influence on biodiversity protection.
LAND USE PLANNING ENABLING LAWS
Land use regulation primarily takes place at the local
level through planning, zoning, and subdivision controls.
The authority for local governments to make land use
decisions typically comes from state enabling laws,
although there are other sources of such authority.24
Enabling laws define the scope and context of the author-
ity of localities to plan and regulate land use. Many of
these state enabling laws were first adopted in the 1920s,
based on two model acts developed by a team of experts
funded by the U.S. Department of Commerce.25 The
Standard City Planning Enabling Act26 was published in
1927, and the Standard State Zoning Enabling Act27 was
published in 1926.
For many years, virtually all planning laws in the
country were based on these two model laws. Over the
years, states have modified their land use and zoning
enabling laws. A 1999 American Planning Association
study found that 24 states had not updated their planning
laws and were still using the model planning enabling leg-
islation, while 11 states had substantially updated their
laws. The remaining states fell in either the “moderately”
or “slightly” updated categories.28 Several of the updated
laws use concepts from the American Law Institute’s
Model Land Development Code.”29
PART TWO | 3
State land use planning enabling laws vary with
respect to the legal authorities they provide to local gov-
ernments to establish planning commissions and prepare
comprehensive land use plans. Many land use planning
enabling laws follow the traditional 1920s approach; they
grant planning authority to local governments and require
that if the local governments choose to establish planning
commissions, they must issue comprehensive plans. This
approach, which is referred to in this report as “condition-
ally mandatory” planning authority, is the most common
approach used by the states. A second approach is for the
land use planning enabling law to grant local governments
the authority but not the duty to plan and regulate land
use. In these states, planning is fully discretionary and
comprehensive plans are not required. The third
approach is to require planning and mandate that all or
specified local governments adopt plans. A single state
can take several approaches by, for example, mandating
that municipalities prepare comprehensive plans but
allowing counties to adopt plans at their discretion.
States use a variety of organizational structures for
their local governments. For example, the terms “town,”
“city,” and “municipality” may be used to refer to the
same type of governmental entity, depending on the par-
ticular state. In addition, the use of the term “regional”
may also vary from state to state. For example, “regional
planning” may refer to planning among: counties and
cities in the same state, regions within a single county, or
states in specific geographic areas.
States also use a variety of terms for the plans that
local governments are authorized or required to adopt,
including “comprehensive,” “general,” and “master”
plans. Although the specific meaning of each of these
terms may vary from state to state, they are generally sim-
ilar enough that for purposes of this report they are treat-
ed as indistinguishable. These plans typically cover all
land within the planning and regulatory jurisdiction of
the local governmental entity. They provide the context
for regulation, capital investment, and other local deci-
sions regarding the physical future of the community.
Comprehensive plans vary in length and approach, but
often include: future land use; transportation and circula-
tion for major routes; public sewer and water service; park
4 | PLANNING FOR BIODIVERSITY
and recreation areas; school sites; public facilities such as
convention centers; and areas for public and semi-public
institutions such as universities. Comprehensive plans
typically cover a 20-year period. Most plans include maps
showing projected future conditions. Some maps are par-
cel-specific and suggest how each piece of property in the
jurisdiction will be used in the future. Other plans indi-
cate only general patterns of uses without precise bound-
aries. In many areas, plans are now available on local gov-
ernment web sites.30
Thus, comprehensive land use planning establishes
guidelines for the land uses that are permissible in an area
and provides a basis for guiding public and private devel-
opment. Plans do not regulate activities but instead estab-
lish a framework within which land use decisions are
made. Zoning is then used as the regulatory instrument
for implementing comprehensive plans. Typically, a local
governing body will divide a community into districts, or
zones, based on the present and potential use of the prop-
erties. Regulations are then adopted to govern the build-
ings, structures, and lands within the districts. The regu-
lations are usually uniform within each district but vary
from district to district. Typical districting schemes divide
communities by basic types, such as agricultural, residen-
tial, commercial and industrial, or mixed use. Within
those types of communities, district regulations establish
varying intensities. For example, for residential use, inten-
sities may range from high rise multi-family buildings to
single family detached homes.31
In most states the legal authority to develop a local
comprehensive plan is granted to a local government plan-
ning commission that is made up of a body of citizens
appointed by the local government.32 State land use plan-
ning enabling laws typically provide for public participa-
tion in the planning process, usually through a formal
public hearing. In addition, communities may use other
less formal means of involving the community, including
public meetings, workshops, surveys, and web sites that
facilitate public input. Some states require that planning
boards consult with various specified organizations, such
as community groups, prior to adoption of master plans.33
In general, it is important to note that land use plan-
ning enabling statutes, although similar in many respects,
vary with respect to the following: the extent to which
planning is mandatory or discretionary; the elements that
must or can be considered in the plan; the process by
which plans are adopted; the extent to which plans are
implemented; the amount of public participation
required; and the requirements to update plans.
GROWTH MANAGEMENT LAWS
Thirteen states have adopted so-called “growth man-
agement” laws enacted within the last 25 years. The rea-
sons for adoption vary, but most of the states appear to
have been reacting in large part to rapid, and often sprawl-
ing, land development that was not being adequately
guided under the traditional land use planning enabling
act regime.
In most of the growth management states, the growth
management laws are the primary statutes that address
land use planning authority. In some states, however, the
growth management law or laws may serve to regulate
land use planning at the state and local level, together with
other laws. For example, in some states, the growth man-
agement law may only apply to certain local governmen-
tal entities and other laws, such as traditional land use
planning enabling laws, govern the rest of the localities.
See, e.g., Tennessee34 and Washington.35 For those states
that have a growth management law in addition to other
land use planning laws, this report addresses the biodiver-
sity-related provisions of all of the state land use planning
laws together in the discussion on growth management
laws.
The geographically diverse group of states that have
enacted growth management laws have taken a wide range
of approaches. In most cases, the state has taken a more
active role in land use planning, either by planning direct-
ly at the state level or by providing clear directions and
goals to localities to use in their land use planning efforts.
Under growth management laws, however, localities typi-
cally continue to have primary responsibility for land use
planning, but their planning tends to be subject to more
specific state goals, requirements, or guidance than under
traditional land use planning enabling laws. The follow-
ing states are generally considered to have enacted growth
management legislation: California, Delaware, Florida,
Georgia, Hawaii, Maine, Maryland, New Jersey, Oregon,
Rhode Island, Tennessee, Vermont, and Washington.
These states are considered to have growth manage-
ment laws because they either set state goals for how
growth should occur—which sometimes include a state
land use plan—or establish mechanisms for adjoining
jurisdictions to coordinate managing growth in some
manner. There is no definitive line between growth man-
agement laws and more recent land use planning enabling
laws, however, there may not be universal agreement
about which state statutes constitute growth management
laws. In this report, we focus on the two groups of states
separately, because of the more prominent role played by
state institutions in land use planning in the growth man-
agement states. It is important to remember that in both
 PART TWO | 5

BOX 1.

Growth Management Land Use Planning Enabling Law States

Law States
California Alabama Massachusetts Ohio
Delaware Alaska Michigan Oklahoma
Florida Arizona Minnesota Pennsylvania
Georgia Arkansas Mississippi South Carolina
Hawaii Colorado Missouri South Dakota
Maine Connecticut Montana Texas
Maryland Idaho Nebraska Utah
New Jersey Illinois Nevada Virginia
Oregon Indiana New Hampshire West Virginia
Rhode Island Iowa New Mexico Wisconsin
Tennessee Kansas New York Wyoming
Vermont Kentucky North Carolina
Washington Louisiana North Dakota

sets of states, local governments exert the primary control
over land use decisions.
BIODIVERSITY-RELATED CONCEPTS
AND TERMS IN LAND USE PLANNING
ENABLING AND GROWTH
MANAGEMENT LAWS
Land use planning enabling and growth management
laws both provide state and local governments with
authorities and responsibilities for making land use deci-
sions. In many instances, these laws include the authori-
ty or duty to take actions or consider certain factors relat-
ed to biodiversity protection. Although state enabling
and growth management laws do not use the term “biodi-
versity,” they use several related concepts and terms.
For example, most growth management laws require
that the state conduct certain activities, such as develop-
ing long range planning goals or state-level land use plans,
that take into account factors such as conservation of nat-
ural resources, wildlife, fisheries habitat, forests, and criti-
cal natural areas. In some cases, the statutes may impose
specific duties on the state, such as the requirement that a
state comprehensive plan identify areas of environmental
significance and establish strategies to protect them or
that a state promote land acquisition programs to provide
for natural resources protection, open space, and other
needs. Most growth management laws also grant author-
ities or impose duties on local governments that could be
used to protect biodiversity.
Many state land use planning enabling statutes also
contain concepts and terms that can serve as authority for
state and local governments to protect biodiversity. The
most common references are to “open space,” “natural
resources,” “wildlife habitat,” and “critical and sensitive
areas.” The enabling laws take a range of approaches with
respect to the biodiversity-related authorities they grant
and duties they impose. These provisions vary with
respect to the substantive requirements, degree of speci-
ficity, and flexibility granted to local governments.
For example, in some cases, the state land use plan-
ning enabling laws simply require that local comprehen-
sive plans consider or include certain biodiversity-related
elements. In these states, the local governments are given
considerable discretion as to how to take these factors into
account. In other states, local governments are required
to identify in their plans specific areas for open space, nat-
ural resources, wildlife habitat, and areas containing
endangered or threatened species. In addition, some state
enabling laws impose still more specific obligations on
local governments with respect to biodiversity-related
concepts in their plans. In these states, local governments
may be required to include in their comprehensive plans
specific recommendations, policies, methods, inventories,
or plans related to the acquisition of open space, conser-
vation of natural resources, preservation of wildlife habi-
tat, and related factors. Depending on the specificity of
the requirement, the provision may provide a greater or
lesser degree of authority and duty on the part of the local
government to protect biodiversity.
It is important to note that a state or local govern-
ment may have the authority to address biodiversity even
if a state land use planning enabling law or growth man-
agement law does not specifically include biodiversity-
related concepts and terms. For example, a grant of
authority to a local government to develop a comprehen-
sive plan may be written broadly enough to include the
6 | PLANNING FOR BIODIVERSITY
authority to protect biodiversity, although terms such as
“wildlife habitat” or “critical natural areas” are not used.
Furthermore, the scope of local authority under simi-
larly worded statutes can vary, depending on how strictly
a particular state construes grants of statutory authority.
In states that strictly follow the so-called “Dillon Rule,”
the authority of local governments is narrowly construed
to be the authority expressly granted by statute or neces-
sarily implied by an express grant of authority. In other
states, the authority granted to local governments in
enabling laws may be viewed more broadly and powers
not explicitly granted may be viewed as implied.36

PART THREE: SCOPE AND METHODOLOGY
T
his report is the first 50-state review of the statu-
tory language in growth management and land
use planning enabling laws relating to biodiversity
conservation. To date, efforts to protect biodiversity at
the state level have largely ignored these potentially pow-
erful authorities. This report identifies and highlights
these provisions in an accessible manner. In so doing, it
is intended to provide a guide to currently underutilized,
but important conservation tools.
The research for this report was BOX 2. SEARCH TERMS
conducted by developing a list of biodiversity
key terms related to biodiversity critical areas
protection and searching for those environment
terms in all of the 50 states’ growth forests
green space
management and land use planning habitat
enabling laws. See Box 2. The
scope of this report is limited to
addressing the actual language used in the laws. The
report does not examine court decisions that interpret the
statutory language, executive orders, or state and local
government policies or regulations. Accordingly, it is pos-
sible that certain statutory language, while appearing to
provide some authority for biodiversity protection, has
been determined not to provide such authority by a state
court interpreting the statute. It is also possible that a
government policy or regulation may have interpreted or
applied a provision that is outlined in this report, thereby
limiting its potential as a tool for protecting biodiversity.
Furthermore, this report does not examine whether state
and local governments are currently using the authorities
identified. Accordingly, this report should be used only as
PART THREE | 7
a starting point for determining whether a state or local
government has authorities or duties related to biodiversi-
ty protection in its growth management or land use plan-
ning enabling laws.
In addition to growth management and land use
planning enabling laws, numerous other types of state and
federal statutes, regulations and policies, executive orders,
and local ordinances provide authority for protecting bio-
diversity. Although these authori-
ties are not covered in this report,
open space they provide critical tools for pro-
natural tecting biodiversity. For example,
natural resources at the federal level, the Endangered
wetlands Species Act provides such authori-
wildlife
woodlands
ty. At the state level, environmen-
tal protection laws, environmental
policy acts and wildlife laws can
provide for such authority.37 Local ordinances issued pur-
suant to various types of state laws also may provide such
authority.38 Finally, the general police power of the states
may provide local governments with authority to preserve
and protect biodiversity.39
A number of states have enacted statutes that estab-
lish special commissions to regulate land use in critical
and sensitive areas. These commissions include wetlands
and coastal commissions and specialized commissions
with authority over specific geographic areas, such as the
New Jersey Pinelands.40 These commissions and their
authorities are not addressed in this report, but are impor-
tant for purposes of protecting biodiversity at the state
and regional levels.
8 | PLANNING FOR BIODIVERSITY

PART FOUR: BIODIVERSITY PROVISIONS
IN STATE LAND USE PLANNING ENABLING LAWS
T
his part discusses the biodiversity-related provi-
sions of the land use planning enabling statutes in
37 states. These provisions fall into two general
categories: local government level planning authorities
and duties, and state-level authorities and duties. These
categories are discussed separately below.
LOCAL PLANNING PROVISIONS
RELATED TO BIODIVERSITY
Local governments typically have primary authority
for making land use planning decisions in states with tra-
ditional land use planning enabling statutes. The state
enabling laws vary with respect to the scope and approach
taken in granting such authority. Many land use planning
enabling statutes, however, contain specific provisions
that address mandatory and discretionary elements of
local master plans. These local master plan elements, in
some cases, use terms and concepts related to biodiversity
protection.
LOCAL GOVERNMENT PLANNING AUTHORITIES
The first and most common approach to providing
land use planning enabling authorities to local govern-
ments is referred to in this report as the “conditionally
mandatory” approach. Land use planning enabling laws
that use this approach grant planning authority to local
governments and require that if they choose to exercise
the discretion to use that authority, typically by establish-
ing planning commissions, they must issue master or
comprehensive plans. The decision to plan is discre-
tionary, but once that decision is made by a locality, the
enabling statute requires the locality to adopt a master
plan. The second approach is for the state law to grant
local governments the authority but not the duty to plan,
thereby making planning and the adoption of master
plans “discretionary.” The third and least common
approach in land use planning enabling statutes, as
opposed to growth management laws, is to make planning
“mandatory” and require that local governments adopt
master plans.
Many states take a hybrid approach. These states vary
the use of the conditionally mandatory, discretionary, or
PART FOUR | 9
mandatory approaches based on the various types of local
governments in the state, such as municipalities, counties,
or regional governments. Accordingly, planning may be
discretionary at the county level but mandatory at the
municipal level. Table 1 and the narratives in Appendix A
provide detailed information about each state’s approach
to local planning, including by type of local government
entity.
MANDATORY LOCAL PLAN ELEMENTS
Many state land use planning enabling laws require
certain elements to be included in local master plans.
Some of these mandatory elements include biodiversity
protection within their scope. The state laws differ con-
siderably in overall structure and specific statutory lan-
guage. Although several state enabling laws may require
the same elements in local plans, such as conservation or
open space, the scope and the substance of the require-
ments can vary widely from state to state. Certain ele-
ments may be required in all local government entities’
plans or only in the plans of certain types or sizes of local
government.
For example, Colorado and New York both require
that local plans take into account critical and sensitive
areas. In New York, the requirement applies only to city
master plans, which must include sensitive environmental
areas.41 In contrast, the Colorado statute requires county,
city, and regional master plans to consider designations of
areas containing endangered or threatened species.42
Similarly, Alabama and Arizona require an open space
element in local plans. In Alabama, the requirement is
general and provides that municipal planning commission
master plans must include open space recommenda-
tions.43 In Arizona, the land use planning enabling law
further requires that cities of a certain size include an open
space element with an inventory of open space needs and
policies for protecting such areas.44 Similar variations
among state enabling laws exist with respect to each of the
elements. These state variations are outlined in the state
narratives in Appendix A.
The following are the most commonly referenced
mandatory local plan elements related to biodiversity in
state land use planning enabling laws:
10 | PLANNING FOR BIODIVERSITY

TABLE 1. LOCAL PLANNING AUTHORITIES IN STATES WITH LAND USE PLANNING ENABLING LAWS

STATE MANDATORY CONDITIONALLY DISCRETIONARY Definitions

MANDATORY Mandatory Planning- Planning is required, as is the
Alabama M R adoption of master comprehensive plans.
Alaska B Conditionally Mandator y Planning- Planning is
Arizona CO M authorized but not required; however, if a planning
commission is established, the adoption of master
Arkansas R M, CO
or comprehensive plans is required.
Colorado C, CO1, R1
Discretionary Planning- Planning is authorized, as
Connecticut M, R is the adoption of master or comprehensive plans;
Idaho C, CO neither is required.
Illinois M, TS, CO
Indiana M, CO, R Key to Abbreviations
Iowa C, CO, R Borough (B); City (C); County (CO); Municipality
Kansas R C, CO (M); Municipal Joint Planning Commission (MJPC);
Region (R); Town (T); Township (TS); Village (V)
Kentucky C, CO
Louisianna M, P Notes
Massachusetts T2 C, T2, R
1 County and regional master plans are required for the unincorporat-
Michigan M, CO R ed areas in their jurisdictions.
Minnesota M, CO3, R 2 Planning for towns with populations over 10,000 is mandatory, where-
Mississippi M, CO, R4 as planning for towns with populations below 10,000 is conditionally
mandatory.
Missouri M, R CO 3 Counties with specified populations are authorized to plan.
Montana5 C, T, CO 4 Regional planning is authorized, but the statute does not address the
Nebraska M, CO6 CO6 adoption of regional plans.
Nevada C , CO7, R8
7
C , CO7
7 5 If established, planning boards are required to prepare a growth poli-
cy, not a comprehensive plan.
New Hampshire M, R 6 Planning is mandatory for counties which include municipalities with a
New Mexico M, R CO certain population. Planning for all other counties is conditionally
New York C, V, T, R mandatory.
7 For cities with a population over 25,000 and counties with a popula-
North Carolina M, CO, R
tion over 40,000, planning is mandatory; for all other cities and counties,
North Dakota R C, TS, CO planning is conditionally mandatory.
Ohio M CO, R 8 Regional planning commissions are established in counties with certain
populations and development plans are required.
Oklahoma C, MPC, CO9, R CO9 9 Counties are authorized to appoint a planning commission; plans are
Pennsylvania CO M only mandatory for counties with certain populations.
South Carolina M, CO 10 Counties acting in either a planning or zoning capacity are required
South Dakota10 M to establish county planning commissions; the adoption of comprehen-
11
sive plans is authorized, but not required.
Texas MJPC M ,R 11 Municipalities with a certain population are authorized to establish
Utah M, CO12 CO12 Municipal Boards of Planning. If established, Boards may adopt compre-
Virginia M, CO R hensive plans but are not required to do so.
12 Counties not included within a municipality are authorized to estab-
West Virginia M, CO R lish planning commissions. Such planning commissions are required to
Wisconsin M, V, CO13, R adopt general plans. Counties included within a municipality, however,
are authorized, but not required to, adopt general plans.
Wyoming M CO
13 If a county has not adopted a zoning ordinance, towns within that
county are authorized to plan.

Natural Resources:45 Land use planning enabling
statutes in 16 states require that some or all local gov-
ernmental entities take natural resources into account
in their master plans. These include: Arizona,46
Colorado,47 Idaho,48 Kansas,49 Massachusetts,50
Michigan,51 Montana,52 Nebraska,53 Nevada,54 New
Hampshire,55 New York,56 Ohio,57 Oklahoma,58
Pennsylvania,59 South Carolina,60 and West Virginia.61
Open Space: Fourteen states’ land use planning
enabling statutes require that some or all local govern-
mental entities include provisions related to the desig-
nation or protection of open space in their master
plans. These include: Alabama,62 Arizona,63 Colorado,64
Connecticut,65 Louisiana,66 Massachusetts,67 Michigan,68
Minnesota,69 Mississippi,70 Nebraska,71 North Dakota,72
Ohio,73 Oklahoma,74 and South Carolina.75
Wildlife Habitat: Five state land use planning
enabling laws specifically require that the master plans
of some or all local governmental entities consider
wildlife habitat or related concepts. These include:
Colorado,76 Michigan,77 Nevada,78 South Carolina,79
and Utah.80

Mandatory Local Plan Elements: Land Use Planning Enabling States
18
16
14
12
10
0
Natural Open Spaces Wildlife Habitat Miscellaneous
Resources
Critical and Sensitive Areas: Two states, Colorado81
and New York,82 require that the master plans of some
or all local governmental entities consider critical and
sensitive areas.
Environmental Planning: Two states, Arizona83 and
West Virginia,84 require some type of environmental
planning as part of the master plans of some local
governmental entities.
Miscellaneous Mandatory Local Plan Elements
Related to Biodiversity: Some states’ land use plan-
ning enabling laws contain local master plan element
provisions related to biodiversity protection that do
not fall into the categories discussed above. For
example, Nevada requires that regional comprehen-
sive plans include conservation policies for air and
water, and land use projections.85 Additional such
elements are discussed in the state narratives in
Appendix A. See, e.g., Pennsylvania and Virginia.
DISCRETIONARY LOCAL PLAN ELEMENTS
Several states’ land use planning enabling laws include
discretionary local plan elements related to biodiversity.
These laws specifically reference, but do not require, the
consideration of biodiversity-related factors in local mas-
PART FOUR | 11
Critical and Environmental
Sensitive Planning
Areas
ter plans. Inclusion of these factors is left to the discretion
of the local governments. The discretionary element
requirements, like the mandatory element requirements,
vary in their terms, scope, and substance.
In several states, the discretionary local plan elements
mirror mandatory elements that apply only to a limited
number of local governmental entities. For example,
Arizona’s land use planning enabling law requires that
cities and towns of a certain size include a natural
resources element in their comprehensive plans and also
specifies that other cities and towns may include a natural
resources element at their discretion.86 The following are
the most common discretionary plan elements:
Natural Resources: Ten states’ land use planning
enabling laws reference natural resources or closely
related concepts as optional components of the mas-
ter plans of some or all local governmental entities:
Arizona,87 Arkansas,88 Indiana,89 Kentucky,90 New
Hampshire,91 Oklahoma,92 Utah,93 Virginia,94 West
Virginia,95 and Wyoming.96
Open Space: Six state land use planning enabling
laws reference open space or closely related concepts
as optional components of the master plans of some
or all local governmental entities: Arizona,97
12 | PLANNING FOR BIODIVERSITY
Discretionary Local Plan Elements: Land Use Planning Enabling States
12
10
Natural Open Spaces Wildlife Habitat Miscellaneous
Resources
Arkansas,98 Idaho,99 Iowa,100 Pennsylvania,101 and
Wyoming.102
Wildlife Habitat: Five state land use planning
enabling laws reference the protection of wildlife
habitat as a discretionary element of master plans of
some or all local governmental entities: Arizona,103
Indiana,104 Minnesota,105 Oklahoma,106 and West
Virginia.107
Critical and Sensitive Areas: Two states’ land use
planning enabling laws, Arkansas,108 and New
Hampshire,109 reference a critical and sensitive areas
element as an optional component of master plans of
some local governmental entities.
Environmental Planning: One state’s land use plan-
ning enabling law, Arizona, provides that cities and
towns not otherwise required to do so may include an
“environmental planning element” in their plans.110
Miscellaneous Discretionary Local Plan Elements
Related to Biodiversity: At least two states’ land use
planning enabling laws authorize, but do not require,
local master plan elements related to biodiversity pro-
tection that do not fall into the categories discussed
Critical and Environmental
Sensitive Planning
Areas
above. For example, in Pennsylvania, the land use ele-
ment of municipal, multimunicipal, or county com-
prehensive plans may include provisions for the
“amount, intensity, character and timing” of land use
proposed for “parks and recreation” and “preservation
of prime agricultural lands.”111 In South Dakota, a
county comprehensive plan is defined as a document
that describes the goals, policies, and objectives of a
planning board “to interrelate all functional and natu-
ral systems and activities relating to the development”
of the territory within the board’s jurisdiction.112
STATE-LEVEL PLANNING AUTHORITIES
AND DUTIES RELATED TO BIODIVERSITY
Although land use planning enabling laws typically
grant primary authority to local entities for land use deci-
sions, including those related to biodiversity protection,
some state-level involvement is still common. The type of
state-level involvement varies considerably. Typically,
states with standard land use planning enabling laws are
less involved in land use planning than in states with
growth management laws. Approximately 18 state land
use planning enabling laws, however, have specific provi-
sions that address the state’s role in land use planning and
provide either specific authority or general authority that

is broad enough to allow for consideration of biodiversi-
ty-related concerns. Appendix A outlines on a state-by-
state basis these statutory provisions. Highlights include:
Statewide Plans: The following BOX 3: LAND USE PLANNING ENABLING LAWS
land use planning enabling laws WITH STATE LEVEL PLANNING DUTIES RELATED
require states to develop some TO BIODIVERSITY PROTECTION
type of statewide plan, although Alabama
the specifics vary from state to Arizona
state: Arizona,113 Connecticut,114 Colorado
Connecticut
Missouri,115 New Hampshire,116
Illinois
Ohio,117 South Dakota,118 West Kentucky
Virginia,119 and Wyoming.120 Massachusetts
Missouri
Statewide Planning Programs Nebraska
and Policies: Land use planning
enabling laws in Colorado,121 Kentucy,122 and North
Carolina123 require the development of a statewide
program for land use planning or a comprehensive
land policy.
State-Level Involvement in Local Land Use Decisions:
In at least one state, Colorado, the state is given
authority, in limited circumstances, to make land use
decisions that would otherwise be made by local gov-
ernments. Specifically, local governments may desig-
nate certain areas of activities as those of “state inter-
est” and subject to state control. Eligible areas
include mineral resource areas and areas with signifi-
cant natural resources. Eligible activities include site
selection of water and sewage treatment plants, high-
ways, airports and public utilities.124
In some cases, state statutes include measures
designed to ensure that certain industries are not unduly
burdened by local governments’ use of environmentally
protective provisions in the land use planning enabling
laws. In Pennsylvania, for example, the State
Municipalities Planning Code provides that “wherever the
provisions of this act promote, encourage, require, or
authorize governing bodies to protect, preserve, or con-
PART FIVE | 13
serve open land, consisting of natural resources, forests
and woodlands, any actions taken to protect, preserve, or
conserve such land shall not be for the purposes of pre-
cluding access for forestry.”125
State-Level Goals for Local
Planning: In at least one state,
Nevada Wisconsin, state statutes set
New Hampshire forth goals for local compre-
North Carolina hensive planning. These goals
Ohio
include “protection of natural
South Dakota
Utah areas, such as wetlands, wildlife
Wisconsin habitats, lakes, woodlands,
West Virginia open space and groundwater
Wyoming resources.”126
Support and Assistance for Local Planning: Many of
the state land use planning enabling laws include spe-
cific provisions for planning-related assistance to local
governments. Some statutes specify a state entity,
such as an office of state planning, to perform this
function. In most cases, the statutes do not specifical-
ly reference assistance to localities on matters related
to biodiversity but are drafted in a manner that is
broad enough to include such assistance. In some
cases, the statute specifically provides for financial
assistance. In Colorado, for example, the land use
planning enabling law establishes a Planning Aid
Fund to provide money to cities and counties in need
of emergency assistance when development may have
an adverse effect on natural resources.127 The following
state land use planning enabling laws provide for the
state to offer some type of planning assistance:
Alabama,128 Colorado,129 Illinois,130 Massachusetts,131
Missouri,132 Nebraska,133 Nevada,134 New Hampshire,135
North Carolina,136 Ohio,137 South Dakota,138 Utah,139
and Wyoming.140 Additional states may provide assis-
tance pursuant to policies or regulations, even though
such assistance is not specifically provided for by
statute. See, e.g., Pennsylvania.141
14 | PLANNING FOR BIODIVERSITY
 PART FIVE | 15

PART FIVE: BIODIVERSITY PROVISIONS

IN STATE GROWTH MANAGEMENT LAWS

T
his section considers the biodiversity-related pro- visions. These general approaches vary considerably. For
visions of the growth management laws in the 13 example, in some states, such as Hawaii, planning author-
states that have enacted such legislation. As dis- ity lies with the state and the state adopts a statewide land
cussed, these states are considered to have growth manage- use plan.142 In other states, such as Florida,143 Maryland,144
ment laws because they either set state goals for how New Jersey,145 and Rhode Island,146 the statutes require the
growth should occur—sometimes including a state land states to develop some type of statewide plan, including
use plan—or establish mechanisms for adjoining jurisdic- planning goals, that directs state-level actions related to
tions to coordinate managing growth in some manner. land use and serves as a guide for local planning efforts.
The biodiversity-related provisions fall into two general Other state laws, such as those in California,147
categories: state-level planning authorities and duties and Delaware,148 Maine,149 Oregon,150 Vermont,151 and
local government-level authorities and duties. These cat- Washington,152 do not require statewide plans but instead
egories are discussed separately below. require statewide goals that guide local planning. In states
such as Georgia153 and Tennessee154 the growth manage-
STATE-LEVEL PLANNING AUTHORITIES ment laws do not require the development of a statewide
AND DUTIES RELATED TO BIODIVERSITY plan or goals, but impose certain requirements on local
governments, particularly
All of the state growth BOX 4: STATE-LEVEL PLANNING AUTHORITIES AND with respect to the content of
management laws include pro- DUTIES RELATED TO BIODIVERSITY PROTECTION their local comprehensive
visions that direct or authorize plans. The basic frameworks
state government actions relat- Statewide Plans used by each state are dis-
Regulatory, Management, and Budgetary Duties
ed to land use. Some of these Goals and Standards for Local Plans cussed separately in the state
provisions specifically address Direct Involvement in Land Use Decisions narratives in Appendix A.
biodiversity-related terms and Recommendations and Advice Related to Biodiversity The following are high-
concepts. This section pro- Assistance to Localities lights of the state-level biodi-
vides an overview of the biodi- versity-related requirements
versity-related provisions. Appendix A outlines in more and provisions in the growth management laws.
detail, information about the biodiversity-related provi-
sions in each law on a state-by-state basis. STATEWIDE PLANS
The specific provisions in the growth management
laws that relate to biodiversity protection at the state-level Several state growth management laws require the
vary widely. Many of the provisions relate to the develop- development and adoption of statewide development
ment of statewide plans and goals. These provisions plans that include biodiversity-related concepts and
range from general objectives to requirements for specific terms. The following are examples of some of these pro-
state action. Several of the growth management laws also visions. The state narratives in Appendix A include addi-
contain biodiversity-related provisions that direct state- tional examples and details on the provisions highlighted
level entities, such as administrative agencies, to take spe- here:
cific actions independent of, or in lieu of, a statewide
plan. In addition, several of the laws contain state-level Florida: Required elements of the state comprehen-
goals or standards for local comprehensive plans that sive plan include, but are not limited to: identifica-
include biodiversity-related provisions. tion of areas of state and regional environmental sig-
The general framework or approach to growth man- nificance and establishment of strategies to protect
agement established in each statute influences the scope them; promotion of land acquisition programs to
and potential effectiveness of the biodiversity-related pro- provide for natural resources protection, open space
16 | PLANNING FOR BIODIVERSITY
needs, urban recreational opportunities and water
access; and establishment of priorities regarding
coastal planning and resources management.155 In
addition, the state plan, adopted by the legislature,
includes goals, objectives, and policies related to nat-
ural resources and environmental management.156
The plan includes myriad provisions detailing these
goals, objectives, and policies. They include, for
example, goals related to natural systems and recre-
ational lands, such as protecting and acquiring natu-
ral habitats and ecological systems, including wet-
lands, tropical hardwood hammocks, palm ham-
mocks, and virgin longleaf pine forests,157 and policies,
such as prohibition on the “destruction of endangered
species” and protection of their habitats.158 Similar
goals and objectives are included for water, marine
and coastal resources.159
Hawaii: The Hawaii State Planning Act, which sets
forth the Hawaii state plan, includes among state
goals the achievement of a “desired physical environ-
ment, characterized by beauty, cleanliness, quiet, sta-
ble natural systems, and uniqueness, that enhances
the mental and physical well-being of people.”160 The
Act also requires that the state’s policy for the econo-
my include promotion of Hawaii as an “attractive
market for environmentally . . . sound investment
activities” and promotion and protection of intangible
resources “such as scenic beauty.”161 Policies set forth
to achieve the state’s transportation objectives include
encouragement of transportation systems sensitive to
the quality of Hawaii’s natural environment.162 The
statute sets out objectives and policies for the physical
environment that include prudent use of land-based,
shoreline, and marine resources,163 and protection of
Hawaii’s unique and fragile environmental
resources.164 The state’s policy includes taking into
account the physical attributes of areas when plan-
ning, designing and managing natural resources and
environs to encourage their beneficial use “without
generating costly or irreparable environmental dam-
age.”165 Planning objectives for land, air, and water
quality include greater public awareness and appreci-
ation of Hawaii’s environmental resources.166 In order
to achieve these objectives, it is the state’s policy to:
“foster educational activities that promote a better
understanding of Hawaii’s limited environmental
resources, promote the proper management of
Hawaii’s land and water resources, [and] promote
effective measures to achieve desired quality in
Hawaii’s surface, ground, and coastal waters.”167
Maryland: The Maryland growth management law
requires that the State Development Plan include
identification of areas of critical state concern168 and
land use recommendations, which must be based on
the best available information concerning a number
of factors such as “environmental and natural fac-
tors.”169
New Jersey: The New Jersey growth management law
requires that the State Development and
Redevelopment Plan “[p]rotect the natural resources
and qualities of the State,” including fresh and saltwa-
ter wetlands, stream corridors, aquifer recharge areas,
steep slopes, areas of unique flora and fauna, and areas
with scenic, historic, cultural, and recreation values.170
Rhode Island: The State Guide Plan, which includes
goals, policies, and plans for development of the state,
includes goals for the promotion and protection of
natural resources and preservation of open space for
each municipality and the state.171 The State Guide
Plan must include, among other components, func-
tional elements or plans dealing with land use, physi-
cal development and environmental concerns, and
conservation.172
REGULATORY, MANAGEMENT, AND BUDGETARY DUTIES
Several of the biodiversity-related provisions in the
growth management laws require state-level action by
entities such as administrative agencies, state offices, or
commissions. These provisions impose a range of duties
on the state, including for example, the following:
California: The growth management law requires the
Office of Planning and Research to “coordinate the
development of a statewide environmental monitor-
ing system.”173
Delaware: The growth management law requires the
State to review its capital improvements program and
facilities plans to determine whether they “arbitrarily
affect local jurisdictions . . . environmentally.”174 If
such an arbitrary effect is found, the state agency
whose plan or program is the cause must amend the
plan or program to remedy the situation.175 In addi-
tion, any state agency undertaking land use planning
actions must notify the local jurisdiction that will be
impacted by the action.176 The local jurisdiction must
review the proposed action and submit comments to
the Office of State Planning Coordination. The com-
ments must consider a number of items such as the
“impact of the proposed action upon the physical

environment, including but not limited to air and
water quality and natural resources.”177
Florida: The growth management law provides that
state agencies must enforce the state comprehensive
plan and all agency budgets and programs must be
consistent with the adopted plan and support and
further its goals and policies, including those related
to biodiversity.178 In addition, the statute requires
that the State Public Service Commission study site
plans submitted by each electric utility that estimate
power generating needs and general locations of pro-
posed power plant sites. The Public Service
Commission’s review must cover several issues,
including assessment of the environmental impact of
each proposed electric power site and possible alterna-
tives.179
Maine: The State Commissioner of Conservation is
required to develop a Register of Critical Areas con-
taining significant or unique features and recommend
protection of these areas to the appropriate state agen-
cies.180 In addition, the State Planning Office is
required to establish resource management plans for
the state’s principal rivers and coastal management
policies.181 Furthermore, the state has a land use
mediation program for private landowners that pro-
vides a forum for mediation of governmental land use
actions. Mediators must be knowledgeable in envi-
ronmental law and regulatory issues.182
GOALS AND STANDARDS FOR LOCAL PLANS
Several of the growth management laws establish
state-level biodiversity-related goals and standards for
local planning efforts. Examples include, but are not lim-
ited to:
Georgia: The growth management law requires the
establishment of minimum standards and procedures
for the preparation of local comprehensive plans.183
These include standards related to natural resources
and the environment, such as the protection of
mountains, river corridors, and public water supply
watersheds of streams, reservoirs, groundwater, and
wetlands.184
Maine: State goals must be included in local compre-
hensive plans.185 These state goals include: protecting
the state’s rural character, the quality of the state’s
water resources, and protecting the state’s other criti-
cal natural resources, including wetlands, wildlife and
fisheries habitat, sand dunes, shorelines, scenic vistas,
PART FIVE | 17
and unique natural areas.186 Other state goals include
safeguarding the state’s agricultural and forest
resources from development and promoting and pro-
tecting the availability of outdoor recreation opportu-
nities.187
Oregon: Local entities must comply with state goals.
In developing state goals the Department of Land
Conservation and Development must consider tide,
marsh and wetland areas, lakes and lakeshore areas,
wilderness and scenic areas, wild and scenic rivers,
unique wildlife habitats, and agricultural lands.188
Vermont: Municipal plans may be consistent with the
goals established in the growth management law,189
and regional plans must be consistent with those
goals.190 The goals set out in the Act include consid-
eration of the use of resources and consequences of
growth.191 Growth plans must plan development so
that compact villages and urban centers are separated
by rural countryside.192 Plans must provide a strong
and diverse economy that maintains high environ-
mental standards, and provide transportation systems
that respect the integrity of the natural environment,
including paths for pedestrians and bicyclists.193 Plans
must identify, protect, and preserve important natu-
ral features of the landscape including: significant
natural and fragile areas; outstanding water resources
including lakes, rivers, aquifers, shorelands, and wet-
lands; and significant scenic roads, waterways, and
views.194 Plans must also maintain and improve the
quality of air, water, wildlife, and land resources.195
Washington: Certain counties and cities that have
experienced increased growth are required to adopt
comprehensive plans and regulations in accordance
with state goals.196 State goals under the growth man-
agement law include encouraging economic develop-
ment within the capacities of the state’s natural
resources, maintaining and enhancing natural
resources-based industries, retaining open space, con-
serving fish and wildlife habitat, and protecting the
environment.197
DIRECT INVOLVEMENT IN LAND USE DECISIONS
In some states, the growth management law provides
for direct state involvement in land use decisions.
Examples include the following:
Delaware: State agencies are permitted to comment
on land uses of greater than local concern.198 Actions
related to the establishment and amendment of com-
18 | PLANNING FOR BIODIVERSITY
prehensive development plans and critical areas, such
as wetlands, are among those enumerated as being of
more than local concern.199 State agencies must pro-
vide written comments and consider several items,
such as the impact of action on the physical environ-
ment, including air, water quality, and natural
resources.200
Florida: “Areas of critical state concern” may be des-
ignated for certain types of lands in the state, includ-
ing areas “containing, or having a significant impact
upon, environmental or natural resources of regional
or statewide importance.” This includes, but is not
limited to, forests, wildlife refuges, and major rivers
and estuaries, which would be substantially deterio-
rated by “uncontrolled private or public develop-
ment.”201 The Administration Commission is charged
under the statute with designating areas of critical
state concern. The rules adopted by the commission
and the principles guiding development in areas of
critical state concern must be submitted by the com-
mission to the legislature for review.
Maine: The state has planning authority over all
unincorporated areas through the Land Use
Regulatory Commission.202 In addition, the State
develops resource management plans for state rivers
and coastal management areas.203
Maryland: The state sets forth a standard for sensitive
areas that applies to local jurisdictions that exercise
planning and zoning authority but fail to adopt a sen-
sitive areas element.204 In such cases, streams and
buffers, 100-year floodplains, habitats of threatened
and endangered species, and steep slopes within those
local jurisdictions are deemed to be sensitive areas.205
The State Economic Growth, Resource Protection
and Planning Commission establishes standards to
govern activities in those sensitive areas until the local
jurisdiction adopts a sensitive areas element as
required under the land use statute.206
Oregon: The Land Conservation and
Development Commission may recommend areas to
be designated as “areas of state critical concern” to the
Joint Legislative Committee on Land Use.207 In some
cases, such recommendations may be based on the
recommendation of a state agency or local govern-
ment.208 The law provides for enforcement measures
to enjoin activities that are not in accordance with the
state’s regulations for areas of state critical concern.209
RECOMMENDATIONS AND ADVICE RELATED TO
BIODIVERSITY
Several of the growth management laws establish or
charge existing commissions and similar entities to pro-
vide advice and recommendations on biodiversity-related
planning issues. Examples include the following:
Delaware: The Cabinet Committee makes recom-
mendations on growth and development, including
the most desirable general pattern of land use con-
cerning water courses, water bodies, and natural or
environmental factors.210
Maine: The Land and Water Resources Council
advises the governor and legislature on land and water
policies, establishes priorities for managing water bod-
ies, and evaluates the state’s growth management pro-
gram.211
Maryland: The State Economic Growth, Resource
Protection and Planning Commission advises and
reports to the governor and General Assembly on sev-
eral points, including progress in achieving protection
of sensitive areas and progress of local governments in
protecting natural resources.212
New Jersey: The Office of State Planning submits to
the State Planning Commission alternative growth
and development strategies “which are likely to pro-
duce favorable economic, environmental and social
results.”213
ASSISTANCE TO LOCALITIES
Several state statutes include provisions that address
state planning assistance to localities. This assistance
could be used in some states to help localities include bio-
diversity-related elements in their comprehensive plans or
take other measures to protect biodiversity. These provi-
sions range from the designation of specific offices to pro-
vide technical planning assistance to the dedication of
funding for local assistance. In total, eight state growth
management laws include specific provisions that address
state assistance to localities: California,214 Delaware,215
Maine,216 Maryland,217 New Jersey,218 Rhode Island,219
Vermont,220 and Washington.221 Such assistance and sup-
port also may be provided in other states pursuant to pol-
icy or regulation, although not specifically addressed in
the state’s growth management law.
 PART FIVE | 19

LOCAL PLANNING PROVISIONS
RELATED TO BIODIVERSITY
Local governments are typically granted considerable
authority for making land use decisions in states with
growth management laws. As noted above, however, local
authority is usually more narrow or managed more close-
ly at the state level than in states that do not have growth
management laws. Several of the state growth manage-
ment laws specifically provide that local governments
must adhere to statewide plans and goals in their local
planning efforts, as discussed earlier. In addition, all of
the growth management laws include some type of addi-
tional provisions related to local planning, some of which
relate to biodiversity protection.
LOCAL GOVERNMENT PLANNING AUTHORITIES
Growth management laws take a variety of approach-
es to granting planning authorities to localities. Similar to
many of the land use planning enabling laws, several
growth management laws take a hybrid approach and vary
the use of the mandatory, conditionally mandatory, and
discretionary approaches to local land use planning
authority based on the various types of local governments
in the state. Accordingly, planning may be discretionary
for municipalities and counties but mandatory for region-
al entities. Most growth management laws, however,
mandate that at least some local governmental entities
adopt comprehensive plans. As noted, in some states the
growth management law is not the only law that governs
local planning authority. For example, in Tennessee and
Washington, where the growth management laws apply
only to certain local governmental entities, other laws,
such as traditional land use planning enabling statutes,
apply to the localities not covered by the growth manage-
ment laws.
Eleven of the states with growth management laws
make planning mandatory for at least some cities, coun-
ties, or other local governments within the state, includ-
ing regional entities: California,222 Delaware,223 Florida,224
Georgia,225 Hawaii,226 Maine,227 Oregon,228 Rhode
Island,229 Tennessee,230 Vermont,231 and Washington.232 In
several states with growth management laws, including
Maine,233 Maryland,234 New Jersey,235 Tennessee,236 and
Washington,237 local planning is conditionally mandatory
for at least certain types of local governments. In three
states, Georgia,238 New Jersey,239 and Vermont,240 planning
is discretionary for some types of local governments. The
various types of land use planning authority granted to
local governments are discussed in the state narratives in
Appendix A and summarized in Table 2.

TABLE 2. LOCAL PLANNING AUTHORITIES IN STATES WITH GROWTH MANAGEMENT LAWS

STATE MANDATORY CONDITIONALLY DISCRETIONARY Definitions

MANDATORY Mandatory Planning- Planning is required, as is
California C, CO the adoption of master comprehensive plans.
Conditionally Mandatory Planning- Planning is
Delaware CO
authorized but not required; however, if a plan-
Florida M, CO ning commission is established, the adoption of
master or comprehensive plans is required.
Georgia R M, CO
Discretionary Planning- Planning is authorized,
Hawaii CO as is the adoption of master or comprehensive
plans; neither is required.
Maine R1 M, MMR
Maryland C, CO Key to Abbreviations
City (C); County (CO); Multimunicipal Region
New Jersey CO M
(MMR) Municipality (M); Metropolitan Service
Oregon M, CO, MSD District (MSD); Region (R); Town (T)
Rhode Island C, T
Tennessee CO2 M
Vermont R M
3 3 3 3
Washington C , CO C , CO

Notes
1 The development of regional coordination programs is required to manage shared resources and provide consistency with comprehensive plans of other municipalities.
2 All counties in the state are required to submit a growth plan, except those with metropolitan forms of government.
3 Planning is mandatory for certain counties (depending on size and population growth) and cities within those counties; in all other cities and counties, planning is conditionally
mandatory.
20 | PLANNING FOR BIODIVERSITY
MANDATORY LOCAL PLAN ELEMENTS
All of the growth management laws, even those that
do not mandate local planning, include provisions govern-
ing the content of local master or comprehensive plans. In
some cases, the elements referenced in the statutes are
mandatory and in some cases they are discretionary.
These elements relate to a wide variety of topics. Virtually
all states with growth management laws have at least some
mandatory local plan requirements related to biodiversity.
Each state law’s specific provisions for local plans are out-
lined in Appendix A. In addition to a land use element,
which is the most common mandatory local plan element,
open space and conservation elements are required by the
majority of growth management laws. There are also sev-
eral other types of local plan elements unique to specific
states that are related to biodiversity protection.
Furthermore, although several state growth manage-
ment laws require similar elements in local plans, such as
conservation of natural resources or open space, the terms
used and the scope and the substance of the requirements
vary from state to state. For example, in Delaware, a con-
servation element is required for local plans “for the con-
Mandatory Local Plan Elements: Growth Management States
14
12
10
0
Natural Resources Open Space
servation, use and protection of natural resources in the
area and which results in the identification of these
resources.”241 The element must include, at a minimum:
“natural area classification as wetlands, wood uplands,
habitat areas, geological areas, hydrological areas, flood
plains, aquifer recharge areas, ocean beaches, soils and
slopes.”242 Maine’s growth management law takes another
approach. It provides that local comprehensive plans
must include an analysis of local and regional growth pro-
jections and the “vulnerability of and potential impacts on
natural resources.”243 The Maine statute also requires that
comprehensive plans contain implementation strategies to
protect several specified natural resources. It requires, for
example, strategies for ensuring that “water quality will be
protected from long-term and cumulative increases in
phosphorus from development in great pond water-
sheds.”244
The following categories represent the most common
mandatory plan elements related to biodiversity in growth
management laws:
Natural Resources: Almost all of the growth manage-
ment laws require that some or all local governmental
Critical and Sensitive Areas Growth Boundaries

entities’ plans consider conservation of natural
resources,245 although the terms and substance of the
requirements vary considerably. Only Hawaii’s law
does not specify this as a required element in local
plans; however, in general, Hawaii’s statute grants
greater authority to the state than to local govern-
ments for conservation of natural resources.
Open space: An open space element of some type is
required in some or all local plans in the following
eight states: California,246 Delaware,247 Florida,248
Maine,249 New Jersey,250 Rhode Island,251 Vermont,252
and Washington.253
Critical, Sensitive, and Irreplaceable Areas and
Resources: Six state growth management laws specif-
ically mention protection of critical, sensitive, or irre-
placeable areas or resources as a required element in
some or all local plans: Florida,254 Georgia,255 Maine,256
Maryland,257 Vermont,258 and Washington.259 In addi-
tion, local plan requirements related to conservation
of natural resources in other growth management laws
may serve to protect critical and sensitive areas, even
though they do not specifically reference such areas in
the statutes.
Growth Boundaries: Several state growth manage-
ment laws specifically require certain localities to
establish growth boundaries. The terms and scope of
the requirements vary considerably. These states
include: Maine,260 Maryland,261 Tennessee,262 and
Washington.263 In addition, some states, such as
Oregon,264 may require such boundaries by policy or
regulation, even though not required by statute.
DISCRETIONARY LOCAL PLAN ELEMENTS
In addition to the mandatory local master plan ele-
ments, some states’ growth management laws also specifi-
cally reference factors or elements that are not required
but may be included in local master plans at the discretion
of the local government. The following state growth
management laws reference discretionary local plan ele-
ments: California,265 Florida,266 Georgia,267 Maine,268
Maryland,269 New Jersey,270 and Washington.271 Each ele-
ment is unique and, therefore, it is not possible to group
them in general categories. The discretionary plan ele-
ments are outlined in the state narratives in Appendix A.
Examples of these discretionary elements include:
Florida: Local comprehensive plans may contain a
recommended community design element consisting
of recommendations for open space locations.272 In
PART FIVE | 21
BOX 5: GROWTH MANAGEMENT LAWS WITH
DISCRETIONARY LOCAL PLAN ELEMENTS
FOR PROTECTING BIODIVERSITY
California Maryland
Florida New Jersey
Georgia Washington
Maine
addition, rural land stewardship areas may be autho-
rized in up to five local governments.273 These areas
are used to further the restoration and maintenance of
the economic value of rural lands, control urban
sprawl, and identify and protect ecosystems, habitats,
and natural resources.274
New Jersey: County master plans may include the
general location and extent of forests and areas for
conservation.275
Washington: Comprehensive plans required of cer-
tain counties under the growth management law may
cover additional elements including, but not limited
to, conservation.276 Such counties may also authorize
“fully contained communities” and “major industrial
developments” located outside of initial urban growth
areas, if environmental protection has been addressed
and provided for and provisions made to “mitigate
impacts on designated agricultural and forests lands.”
The fully contained community or major industrial
development must also be consistent with protection
of critical areas.277
ADDITIONAL LOCAL AUTHORITIES
In addition to addressing local plan elements related
to biodiversity, some growth management laws grant
additional authorities or impose duties on local govern-
ments that could be used to forward biodiversity protec-
tion. Growth management laws in at least eight states
include such provisions: Delaware,278 Florida,279
Georgia, Maine, New Jersey, Oregon,283 Vermont,284
280 281 282
and Washington.285 These authorities vary from state to
state and are discussed in the state narratives in Appendix
A. In several states, these authorities are granted to
BOX 6: GROWTH MANAGEMENT LAWS WITH ADDITIONAL
LOCAL AUTHORITIES FOR PROTECTING BIODIVERSITY
Delaware New Jersey
Florida Oregon
Georgia Vermont
Maine Washington
22 | PLANNING FOR BIODIVERSITY
regional entities. Examples of these authorities and
responsibilities include:
Delaware: Local jurisdictions have several duties and
responsibilities with respect to notifying the state of
land use planning actions that are of “greater than
local concern” and subject to the comment require-
ments of the State Land Use Planning Law.286 Local
jurisdictions must also review certain State agency
land use planning actions for impact on the environ-
ment.287 Municipalities must review their compre-
hensive development plans to determine if those plans
arbitrarily exclude land uses of more than “local ben-
efit.”288 This means any use or combination of uses of
land or water whose economic social or environmen-
tal benefits extend beyond the local jurisdiction in
which the use or uses take place.289
New Jersey: Whenever the Environmental
Commission, a municipal advisory committee,290 has
prepared and submitted to the planning board of a
municipality an index of the natural resources of the
municipality, the planning board must make every
application for development submitted to it available to
the Environmental Commission. Failure to do so does
not, however, invalidate any hearing or proceeding.291
Oregon: Metropolitan service districts must report
performance measures to the Department of Land
Conservation and Development every two years that
analyze the amount of environmentally sensitive land
that is protected and the amount of such land devel-
oped.292
Vermont: Regional planning commissions are autho-
rized to undertake studies and make recommenda-
tions on scenic preservation and wetlands protec-
tion.293
INCENTIVES AND REVIEW MECHANISMS
As discussed, many of the growth management laws
require that local master plans contain certain elements or
that local governments perform certain planning func-
tions that could be used to forward biodiversity protec-
tion. State growth management laws vary with respect to
the extent that they provide incentives to localities or
review mechanisms to states to ensure compliance with
these requirements.
Funding Incentives and Restrictions: Several states
use funding restrictions and incentives as a means of
encouraging localities to adhere to planning requirements,
including those related to biodiversity. The growth man-
agement laws adopted in Georgia,294 Maine,295 and
Tennessee,296 for example, include such funding incen-
tives. In addition, in two states, Hawaii297 and
Maryland,298 state funding is limited to areas that have
been designated by the state for growth. Examples of
funding incentives include:
Maine: Municipalities with comprehensive plans that
are consistent with state goals and guidelines are given
preference for state grants and investments.299
Tennessee: Counties and municipalities with
approved growth plans may receive an increase in
evaluation points in formulas used to determine the
allocation of certain funds300 and certain grants are
unavailable if a locality does not have an approved
growth plan.301
Local Plan Review: Several states’ growth manage-
ment laws provide mechanisms for reviewing local plans
for consistency with state goals or requirements. These
include the following eight states: Delaware,302 Florida,303
New Jersey,304 Oregon,305 Rhode Island,306 Tennessee,307
Vermont,308 and Washington.309 Examples include:
Florida: If a local government fails to prepare a com-
prehensive plan or elements are lacking, the regional
planning entity for the area must adopt the missing
elements.310
New Jersey: The State Planning Commission reviews
State and local planning procedures.311
Oregon: The Land Conservation and Development
Commission certifies local comprehensive plans and
can order actions by local governments to bring com-
prehensive plans into compliance.312
Additional states may use these and similar approach-
es pursuant to regulation or policy, although not specifi-
cally addressed in the growth management laws.
BOX 7: GROWTH MANAGEMENT LAWS WITH
MECHANISMS FOR LOCAL PLAN REVIEW
Delaware Rhode Island
Florida Tennessee
New Jersey Vermont
Oregon Washington

PART 6. CONCLUSION
G
rowth management and land use planning
enabling laws adopted in states across the coun-
try provide authority for local governments and
states to protect biodiversity. In general, terms and con-
cepts related to biodiversity protection are more com-
mon and tend to be more detailed in growth manage-
ment laws than in state land use planning enabling laws.
A large number of land use planning enabling laws,
however, also contain authorities that could be used to
support biodiversity protection.
All of the growth management laws and many of
the land use enabling laws contain provisions that pro-
vide localities with the authority or duty to consider
biodiversity-related factors and concepts. Such factors
include, but are not limited to, local comprehensive
plan requirements for natural resources, open space,
wildlife habitat, and critical and sensitive areas. In
some states, local governmental entities also may have
PART FIVE | 23
authorities or duties in addition to those associated with
developing comprehensive plans that could be used to
sustain biodiversity protection, including reporting,
review, and study requirements.
Furthermore, all of the growth management laws
and some of the land use planning enabling laws pro-
vide authorities or impose duties directly on state gov-
ernments that could support biodiversity protection.
These authorities vary from state to state but include
consideration of biodiversity-related factors in develop-
ing statewide development plans, goals and programs.
Given the critical effect that land use decisions have
on biodiversity, the authorities identified in this report
represent potentially powerful conservation tools.
These authorities can be used as a starting point for pro-
tecting biodiversity at the state and local level in com-
munities across the nation.
24 | PLANNING FOR BIODIVERSITY

ENDNOTES
1. AMERICAN HERITAGE DICTIONARY OF THE ENGLISH LANGUAGE (4th ed. 2000).
2. Ga. Stat. Ann. § 12-2-8 (g)
3. JOHN HEINZ III CENTER FOR SCIENCE, ECONOMICS AND THE ENVIRONMENT,THE STATE OF THE NATION’S ECOSYSTEMS: MEASURING THE LANDS, WATERS, AND LIVING RESOURCES OF THE UNITED STATES
(Cambridge University Press 2002) (hereinafter cited as “STATE OF THE NATION’S ECOSYSTEMS”).
4. DEFENDERS OF WILDLIFE, CENTER FOR WILDLIFE LAW, SAVING BIODIVERSITY: A STATUS REPORT ON STATE LAWS, POLICIES AND PROGRAMS, at 1 (July 1996) (hereinafter cited as “SAVING BIODIVERSITY”).
5. Id. at 2, 3
6. Id.
7. Id.
8. Id. at 3, 4
9. Id. at 4
10. Id. at 4
11. U.S. DEPARTMENT OF THE INTERIOR, FISH AND WILDLIFE SERVICE AND U.S. DEPARTMENT OF COMMERCE, U.S. CENSUS BUREAU, 2001 NATIONAL SURVEY OF FISHING, HUNTING, AND WILDLIFE-ASSOCIATED
RECREATION (2001)($28 billion for trips, $64 billion for equipment, and $16 billion for other items).
12. SAVING BIODIVERSITY, at 4.
13. David S. Wilcove et al., Leading Threats to Biodiversity, in PRECIOUS HERITAGE, at 242 (Bruce A Stein, et al., eds., 2000) (hereinafter cited as “Leading Threats”).
14. Gary K. Meffe et al., Global Biodiversity II: Losses and Threats, in PRINCIPLES OF CONSERVATION BIOLOGY, 2ND EDITION, at 148 (Sinauer Associates, Inc. 1997).
15. Leading Threats, at 245.
16. REED F. NOSS & ROBERT L. PETERS, ENDANGERED ECOSYSTEMS: A STATUS REPORT ON AMERICA’S VANISHING HABITAT AND WILDLIFE, at 48-49 (Defenders of Wildlife, 1995).
17. RICHARD B. PRIMACK, ESSENTIALS OF CONSERVATION BIOLOGY (Sinauer Associates, Inc. 1993) (hereinafter cited as “ESSENTIALS OF CONSERVATION BIOLOGY”); Scott K. Robinson, The Case of
the Missing Songbirds, CONSEQUENCES, 3(1):3-15 (1997).
18. Peter M.Vitousek et al., Biological invasions as global environmental change, AMERICAN SCIENTIST, 84:468-478 (1996).
19. ESSENTIALS OF CONSERVATION BIOLOGY.
20. GEORGE W. COX , ALIEN SPECIES IN NORTH AMERICA AND HAWAII: IMPACTS ON NATURAL ECOSYSTEMS (Island Press 1999).
21. Marcel Rejmanek, Invasive Alien Plants in California: 1993 Summary and Comparison with Other Areas in North America, MADRONO 41(3):161-177 (1996).
22. Id. at 1
23. State environmental laws, for example, may provide authority for biodiversity protection. Such laws may include, but are not limited to, laws affecting air quality, water quality, and solid
and hazardous waste disposal sites, as well as state environmental policy and endangered species acts. See, e.g., PATRICK, J. ROHAN, ZONING AND LAND USE CONTROLS, at 1–116 (Matthew
Bender & Co. 1996-present) (Herinafter cited as “ZONING AND LAND USE CONTROLS”); see also infra note 38 and 39.
24. For example, authority for comprehensive planning may be based on home rule powers of the municipality rather than enabling laws. This home rule power can be based on state
constitutional provisions or specific legislation authorizing home rule. Municipal charters adopted to carry out home rule specify the municipalities’ powers and responsibilities, such as the
powers of planning. ZONING AND LAND USE CONTROLS at 37-55, 57.
25. ZONING AND LAND USE CONTROLS, at 53A-15-19, 37-5.
26. ADVISORY COMMITTEE ON PLANNING AND ZONING, U.S. DEPARTMENT OF COMMERCE, STANDARD CITY PLANNING ENABLING ACT (U.S. Government Printing Office 1927).
27. ADVISORY COMMITTEE ON ZONING, U.S. DEPARTMENT OF COMMERCE, STANDARD STATE ZONING ENABLING ACT (U.S. Government Printing Office 1926).
28. AMERICAN PLANNING ASSOCIATION, PLANNING COMMUNITIES FOR THE 21ST CENTURY, at 9 (December 1999).
29. AMERICAN LAW INSTITUTE, A MODEL LAND DEVELOPMENT CODE, PART II (1976); see also, GROWING SMART LEGISLATIVE GUIDEBOOK, at 5-24 - 5-27 (Stuart Meck ed.) (American Planning
Association 2002) (noting that several states, including Colorado, Florida, Minnesota, Nevada, Oregon, and Wyoming, have based their critical areas programs on ALI’s model).
30. ZONING AND LAND USE CONTROLS, at 1-18, 20; 37-8.
31. See, e.g., JESSICA B. WILKINSON, PROTECTING DELAWARE’S NATURAL HERITAGE: TOOLS FOR BIODIVERSITY CONSERVATION, at 39 (Environmental Law Institute 1999); Peter W. Salsich & Timothy
J.Tryniecki, Land Use Regulation: A Legal Analysis & Practical Application of Land Use Law, in REAL PROPERTY, PROBATE AND TRUST LAW, at 136-37 (American Bar Association 1997).
32. See ZONING AND LAND USE CONTROLS, at 1-18, 20; 37-8.
33. ZONING AND LAND USE CONTROLS, at 1-24; 37-17.
34. Tenn. Code Ann § 13-4-101 et seq. (Municipal Planning)
35. Wash. Rev. Code § 35.63 et seq. (Planning Commission Act); Wash. Rev. Code § 36.70 et seq. (Planning Enabling Act)
36. JESSE J. RICHARDSON ET AL., IS HOME RULE THE ANSWER? CLARIFYING THE INFLUENCE OF DILLON’S RULE ON GROWTH MANAGEMENT (The Brookings Institution Center on Urban and Metropolitan
Policy 2003).
37. See, e.g., SAVING BIODIVERSITY, at 31-33 (State environmental policy acts); ZONING AND LAND USE CONTROLS, at 1–116 (state environmental protection laws).
38. JOHN R. NOLON, WELL GROUNDED: USING LOCAL LAND USE AUTHORITY TO ACHIEVE SMART GROWTH, at 281-354 (Environmental Law Institute 2001) (listing flood plain control, wetlands
protection, watershed management, viewshed protection, soil erosion and sedimentation prevention, aesthetic assets, scenic road protection, tree protection, stream and watercourse pro-
tection, steep slope protection, vegetation removal).
39. The police power is generally described as the general governmental power to protect the health, safety, morals, and general welfare of its citizens. The police power rests with state
governments but virtually all states have delegated the power to impose land use regulations to cities and counties. The delegation of power has been accomplished in two ways: the gen-
eral delegation of police power through constitutional or legislative authority to enact home rule charters and broad enabling statutes authorizing zoning, subdivision regulations and other
forms of regulations. See, e.g., ZONING AND LAND USE CONTROLS, at Chapters 1 & 53; Peter W. Salsich & Timothy J.Tryniecki, Land Use Regulation: A Legal Analysis & Practical Application
of Land Use Law, in REAL PROPERTY, PROBATE AND TRUST LAW, at 3-5 (American Bar Association 1997).
40. Rutherford H. Platt, LAND USE AND SOCIETY: GEOGRAPHY, LAW AND PUBLIC POLICY at 350-358 (Island Press 1996).
41. N.Y. Gen. City Law § 28-a(4)(b)
42. Colo. Rev. Stat. §§ 30-28-106(3)(a)(xi), 31-23-206(1)(k)
43. Ala. Code § 11-52-8
44. Ariz. Rev. Stat. Ann. § 9-461.05 D(1)
45. Provisions identified with the search terms,“forests,” “wetlands,” and “woodlands” are generally included in the discussion of “natural resources,” “critical and sensitive areas,” and “wildlife
habitat.”
46. Ariz. Rev. Stat. Ann. §§ 9-461.05(E)(1), 11-806 B
47. Colo. Rev. Stat. §§ 30-28-106(3)(a)(ii), 31-23–206(1)(b)
48. Idaho Code § 67-6508 (f)
49. Kan. Stat. Ann. §§ 12-744, 747(b)
50. Mass. Gen. Laws Ann. ch. 41, § 81D(5)
51. Mich. Comp. Laws Ann. § 125.36
52. Mont. Code Ann. § 76-1-601(2)(b)(vii)
53. Neb. Rev. Stat. §§ 15-1102, 23-174.05
54. Nev. Rev. Stat. § 278.160(1)(b)
55. N.H. Rev. Stat. Ann. § 674:2(II)
56. N.Y. Gen. City Law § 28-a(4)(b)
57. Ohio Rev. Code Ann. §§ 713.22, .23
 PART FIVE | 25
58. Okla. Stat. Ann. tit. 19 §§ 863.7, 866.10
59. PA. Stat. Ann. §§10301(a)(6), 10301(a)(7)(i)
60. S.C. Code Ann. § 6-29-510(D)(3)
61. W.Va. Code § 8-24-16
62. Ala. Code § 11-52-8
63. Ariz. Rev. Stat. Ann. § 9-461.05 D(1)
64. Colo. Rev. Stat. §§ 30-28-106(3)(a)(ii), 31-23–206(1)(b)
65. Conn. Gen. Stat. § 8-23
66. La. Rev. Stat. Ann. § 33:106
67. Mass. Gen. Laws Ann. ch. 41, §81D(6)
68. Mich. Comp. Laws Ann. §§ 125.36, 125.104
69. Minn. Stat. Ann. §§ 462.351, 473.145
70. Miss. Code Ann. §§ 17-1-1, -11
71. Neb. Rev. Stat. §§ 15-1102, 23-174.05 (2)
72. N.D. Cent. Code §§ 40-48-01, -02
73. Ohio Rev. Code Ann. § 713.02
74. Okla. Stat. Ann. tit. 11 §§ 47-101, -106
75. S.C. Code Ann. § 6-29-510(D)(7)
76. Colo. Rev. Stat. §§ 30-28-106(3)(a)(xi), 31-23-206(1)(k)
77. Mich. Comp. Laws Ann. § 125.3678.
78. Nev. Rev. Stat. § 2160(1)(b)
79. S.C. Code Ann. § 6-29-510(D)(3)
80. Utah Code Ann. §§ 17-27-301(1)(b)
81. Colo. Rev. Stat. §§ 30-28-106(3)(a)(xi), 31-23-206(1)(k)
82. N.Y. Gen. City Law § 28-a(4)(b)
83. Ariz. Rev. Stat. Ann. § 9-461.05 D(3)
84. W.Va. Code §§ 8-25-5, -8
85. Nev. Rev. Stat. § 278.0274(2)
86. Ariz. Rev. Stat. Ann. § 9-461.05 E(1)
87. Id.
88. Ark. Code Ann. §§ 14-17-206(b)(1), -414(b)(1)(B)
89. Ind. Code § 36-7-4-503(2)(M)
90. Ky. Rev. Stat. Ann. §§ 100.187, 147.670(1)
91. N.H. Rev. Stat. Ann. § 674:2 II(b)
92. Okla. Stat. Ann. tit. 19 § 868.6
93. Utah Code Ann. § 10-9-301 et seq., § 17-27-302(2)(c)(i)
94. Va. Code Ann. § 15.2-2223
95. W.Va. Code § 8-24-17
96. Wyo. Stat. § 15-1-503
97. Ariz. Rev. Stat. Ann. §§ 9-461.05 D(1), 11-806 B
98. Ark. Code Ann. § 14-56-414(b)(1)(A)
99. Idaho Code § 67-6517
100. Iowa Code tit. 1 §28I.4 (applies to regional plans only)
101. Pa. Stat. Ann tit 53 § 10918 (Counties and municipalities are authorized to create “locally designated growth areas” in their comprehensive plans and promote the use of transferable
development rights as a method of preserving open space and farmland).
102. Wyo. Stat. § 15-1-503
103. Ariz. Rev. Stat. Ann. § 11-806 B
104. Ind. Code § 36-7-4-503(2)(M)
105. Minn. Stat. Ann. § 394.25
106. Okla. Stat. Ann. tit. 19 § 868.6
107. W.Va. Code § 8-24-17
108. Ark. Code Ann. § 14-17-206(b)(2), (c)(1)
109. N.H. Rev. Stat. Ann. § 674:2 III(d)
110. Ariz. Rev. Stat. Ann. § 9-461.05 D(3)
111. Pa. Stat. Ann. tit. 53 § 10301(a)(2)
112. S.D. Codified Laws Ann. § 11-2-1
113. Ariz. Rev. Stat. Ann. § 37-331 et seq.
114. Conn. Gen. Stat. § 16a-1 et seq.
115. Mo. Rev. Stat. §§ 251.170, .190
116. N.H. Rev. Stat. Ann. § 9-A:1
117. Ohio Rev. Code Ann. § 122.06
118. S.D. Codified Laws Ann. § 11-1-9
119. W.Va. Code § 8-25-3
120. Wyo. Stat. §§ 9-8-102, -202
121. Colo. Rev. Stat. §§ 24-65-103(1)(a), -104(2)(a)
122. Ky. Rev. Stat. Ann. § 147.075, .090
123. N.C. Gen. Stat. § 113A-150, -153(c); N.C. Gen. Stat. § 143-506.6 et seq.
124. Colo. Rev. Stat. §§ 24-65.1-101, -201(1)
125. Pa. Stat. Ann. tit. 53 § 10105
126. Wis. Stat. Ann. § 1.13(2)(c)
127. Colo. Rev. Stat. § 24-66-103(1), (4)b
128. Ala. Code §§ 41-9-208, 41-9-208
129. Colo. Rev. Stat. § 24-66-103(1), (4)b
130. 20 Ill. Rev. Stat. §§ 605/605-200, -205
131. Mass. Gen. Laws Ann. ch. 23B, § 3
132. Mo. Rev. Stat. § 251.170 et seq.
133. Neb. Rev. Stat. § 84-133
134. Nev. Rev. Stat. §§ 321.700, .740, .750, .755
135. N.H. Rev. Stat. Ann. § 4-C:1 et seq.
136. N.C. Gen. Stat. §§ 113A-150, -153(c)
137. Ohio Rev. Code Ann. § 122.06
138. S.D. Codified Laws Ann. § 11-1-11
26 | PLANNING FOR BIODIVERSITY
139. Utah Code Ann. §§ 11-38-201, 202
140. Wyo. Stat. § 9-8-201
141. Pennsylvania Department of Community and Economic Development, “Land Use Planning and Technical Assistance Program: Program Guidelines” (April 2002)
(http://www.inventpa.com/docs/LUPTAGuide.pdf).
142. Haw. Rev. Stat. § 226-52
143. Fla. Stat. Ann. §§ 163.3161 et seq., 163.3177 (9)(c)
144. Md. Code Ann., State Fin. & Proc. §§ 5-402, -403, 5-602(a), (b)
145. N.J. Stat. Ann. § 52:18A-199
146. R.I. Gen. Laws § 45-22.2-9
147. Cal. Gov’t Code § 65040 et seq.
148. Del. Code Ann. tit. 9, §§ 2657(b). 4957(b), 6957(b)
149. Me. Rev. Stat. Ann. tit. 30-A, § 4312 3.
150. Or. Rev. Stat. §§ 197.005-197.860
151. VT Stat. Ann. tit. 24 §§ 4302(b)(1)-(4), 4345a(5), 4381
152. Wash. Rev. Code §§36.70A.010, .103
153. Ga. Code. Ann. §§ 36-70-1, -3
154. Tenn. Code Ann. § 6-58-101 et seq.
155. Fla. Stat. Ann. § 186.009(2)(c), (g), (j), (l)
156. Fla. Stat. Ann. § 186.007(3)
157. Fla. Stat. Ann. § 187.201(9)(a)
158. Fla. Stat. Ann. § 187.201(9)(b)(3)
159. Fla. Stat. Ann. § 187.201(7), (8)
160. Haw. Rev. Stat. § 226-4(4)
161. Haw. Rev. Stat. § 226-6(b)(2), (14)
162. Haw. Rev. Stat. § 226-17(b)(10)
163. Haw. Rev. Stat. § 226-11
164. Haw. Rev. Stat. § 226-11(a)(2)
165. Haw. Rev. Stat. § 226-11(b)(3)
166. Haw. Rev. Stat. § 226-13(a)(1), (2)
167. Haw. Rev. Stat. § 226-13(b)(1), (2), (3)
168. Md. Code Ann., State Fin. & Proc. § 5-611(a)
169. Md. Code Ann., State Fin. & Proc. § 5-612
170. N.J. Stat. Ann. § 52:18A-200
171. R.I. Gen. Laws § 45-22.2-3(c)(4)-(6)
172. R.I. Gen. Laws § 42-11-10(d)
173. Cal. Gov’t Code § 65040(f)
174. Del. Code Ann. tit. 29, § 9226(a)
175. Del. Code Ann. tit. 29, § 9226(b)
176. Del. Code Ann. tit. 29, § 9227
177. Del. Code Ann. tit. 29, §§ 9228(b)(4), 9229
178. Fla. Stat. Ann. § 186.008(4), (5)
179. Fla. Stat. Ann. §§ 186.801(1), (2)(a)-(f)
180. Me. Rev. Stat. Ann. tit. 12, § 544-B
181. Me. Rev. Stat. Ann. tit. 38, § 1804
182. Me. Rev. Stat. Ann. tit. 5, § 3341
183. Ga. Stat. Ann. § 50-8-7.1(b)
184. Ga. Stat. Ann. § 12-2-8(b)
185. Me. Rev. Stat. Ann. tit. 30-A, §§ 4312 3, 4326
186. Me. Rev. Stat. Ann. tit. 30-A, § 4312 3. A, E, F
187. Me. Rev. Stat. Ann. tit. 30-A, § 4312 3. H, J
188. Or. Rev. Stat. § 197.230(1)(c)
189. Vt. Stat. Ann. tit. 24 § 4282
190. Vt. Stat. Ann. tit 24 §§ 4345a(5), 4302(e)(2)(A)
191. Vt. Stat. Ann. tit. 24, § 4302(b)(3)
192. Vt. Stat. Ann. tit. 24, § 4302(c)(1)
193. Vt. Stat. Ann. tit. 24, § 4302(c)(2), (4)
194. Vt. Stat. Ann. tit. 24, § 4302(c)(5)(A)-(C)
195. Vt. Stat. Ann. tit. 24, § 4302(c)(6)
196. Wash. Rev. Code §§ 36.70A.010, .020, .040
197. Wash. Rev. Code § 36.70A.020(5), (8)-(10)
198. Del. Code Ann. tit. 29, § 9219
199. Del. Code Ann. tit. 29, § 9202(4)
200. Del. Code Ann. tit. 29, § 9216(b), (d)(3)
201. Fla. Stat. Ann. 380.05(2)(a)
202. Me. Rev. Stat. Ann. tit. 12, § 685C
203. Me. Rev. Stat. Ann. tit. 38, § 1804
204. Md. Code Ann., State Fin. & Proc. § 5-709(a)(1)
205. Md. Code Ann., State Fin. & Proc. § 5-709(a)(2)
206. Md. Code Ann., State Fin. & Proc. § 5-709(c)
207. Or. Rev. Stat. § 197.405(1)
208. Or. Rev. Stat. § 197.405(2)
209. Or. Rev. Stat. § 197.4l0
210. Del. Code Ann. tit. 29, § 9101(a), (c)(1)
211. Me. Rev. Stat. Ann. tit. 5, §3331 2.
212. Md. Code Ann., State Fin. & Proc. § 5-708(1), (5), (11)
213. N.J. Stat. Ann. § 52:18A-201(b)
214. Cal. Gov’t Code § 65040 et seq.
215. Del. HB 255 (2001)
216. Me. Rev. Stat. Ann. tit. 30-A, § 4346
217. Md. Code Ann., State Fin. & Proc. §§ 5-402, -403, 5-602(a), (b)
218. N.J. Stat. Ann. § 52:18A-201(b)
219. R.I. Gen. Laws § 45-22.2-11(a)
 PART FIVE | 27
220. Vt. Stat. Ann. tit. 24, § 4305 (Regional entities provide assistance to localities).
221. Wash. Rev. Code § 36.70A.190
222. Cal. Gov’t Code § 65300
223. Del. Code Ann. tit. 9, §§ 2655(a), 4955(a), 6955(a)
224. Fla. Stat. Ann. §§ 163.3167(1)(b), .3177(9)(c)
225. Ga. Code Ann. §§ 5-8-32, -35(c)(6)
226. Haw. Rev. Stat. § 226-52
227. Me. Rev. Stat. Ann. tit. 30-A, § 4326 4.
228. Or. Rev. Stat. §§ 197.010, .015(5)
229. R.I. Gen. Laws § 45-22.2-2
230. Tenn. Code Ann. § 6-58-107
231. Vt. Stat. Ann. tit. 24 § 4345a(5)
232. Wash. Rev. Code §§ 36.70A.040, .210
233. Me. Rev. Stat. Ann. tit. §30-A, 4323
234. Md. Ann. Code art. 66B, §§ 3.01(a), 3.05
235. N.J. Stat. Ann. §§ 40:27-1, -2
236. Tenn. Code Ann. §§ 13-4-101, 201
237. Wash. Rev. Code §§ 35.63.020, .090, 36.70.010, .030, .040, .050, .320
238. Ga. Stat. Ann. §§ 36-70-1, 3
239. N.J. Stat. Ann. § 40:55D-23
240. Vt. Stat. Ann. tit. 24, § 4381
241. Del. Code Ann. tit. 9, §§ 2656(g)(4), 4956(g)(4), 6956(g)(4)
242. Id.
243. Me. Rev. Stat. Ann. tit. 30-A, § 4326 1.
244. Me. Rev. Stat. Ann. tit. 30-A, § 4326 3-A. C
245. In Washington, the requirement is found in the Planning Commission Act, Wash. Rev. Code § 35.63 et seq.
246. Cal. Gov’t Code § 65302(a), (d), (e)
247. Del. Code Ann. tit. 9, §§ 2656(g)(5), 4956(g)(5), 6956(g)(5)
248. Fla. Stat. Ann. § 163.3171(6)(e)
249. Me. Rev. Stat. Ann. tit. 30-A, § 4326 1. F
250. N.J. Stat. Ann. § 40:55D-28(b)(8)
251. R.I. Gen. Laws § 45-22.2-6(2)
252. Vt. Stat. Ann. tit. 24, § 4348a(a)(2)(A)
253. Wash. Rev. Code § 36.70A.160
254. In Florida, the requirement is in Title XXVIII, Fla. Stat. Ann. § 380.05.
255. Ga. Code Ann. § 12-2-8(g)(3)(G)
256. Me. Rev. Stat. Ann. tit.30-A, § 4326 1. B, C
257. Md. Ann. Code art. 66B, §§ 1.03(a)(1)(iv), 3.05(a)(4)(vii)
258. Vt. Stat. Ann. tit. 24, § 4348(a)1-10
259. Wash. Rev. Code § 36.70A.170
260. Md. Code Ann., State Fin. & Proc. § 5-7B-01 et seq.
261. Md. Ann. Code art. 66B, § 1.01
262. Tenn. Code Ann. § 6-58-104(a)(1), (2)
263. Wash. Rev. Code §§ 36.70A.040(3), .110
264. Oregon Administrative Rule 660-015-0000(14)
265. Cal. Gov’t Code §§ 65303, 65450
266. Fla. Stat. Ann. § 163.3177(7)(f), (11)(d)
267. Ga. Stat. Ann. § 12-2-8(f)
268. Me. Rev. Stat. Ann. tit. 30-A, § 4326 3-A. A(4)
269. Md. Ann. Code art. 66B, § 3.05(a)(6)(ii)5, 6
270. N.J. Stat. Ann. § 40:27-2
271. Wash. Rev. Code §§ 36.70A.080(1)(a), 36.70A.350(1)(f), (h), (i), 36.70A.365(2)(d), (f), (g), 36.70A.360(1), (4)(d)
272. Fla. Stat. Ann. § 163.3177(7)(f)
273. Fla. Stat. Ann. § 163.3177(11)(d)(1)
274. Fla. Stat. Ann. § 163.3177(11)(d)(2)
275. N.J. Stat. Ann. § 40:27-2
276. Wash. Rev. Code § 36.70A.080(1)(a)
277. Wash. Rev. Code §§ 36.70A.350(1)(f), (h), (i), 36.70A.365(2)(d), (f), (g)
278. Del. Code Ann. tit. 29, §§ 9202, 9211, 9213(a), 9228(b)(4), 9229
279. Fla. Stat. Ann. § 163.3167(3); § 186.501 et seq.
280. Ga. Stat. Ann. § 12-5-440 et seq.
281. Me. Rev. Stat. Ann. tit. 30-A, § 4326 4.
282. N.J. Stat. Ann. §§ 40:55D-4, -27(b)
283. Or. Rev. Stat. §§ 197.065, .186,. 298, .301, .445, .455, .460, .467
284. Vt. Stat. Ann. tit. 24, §§ 4305(a)-(d), 4345(6), 4345a(1)-(3)
285. Wash. Rev. Code §§ 36.70A.250, .280
286. Del. Code Ann. tit. 29, §§ 9211, 9219
287. Del. Code Ann. tit. 29, §§ 9228(b)(4), 9229
288. Del. Code Ann. tit. 29, § 9213(a)
289. Del. Code Ann. tit. 29, § 9202(6)
290. N.J. Stat. Ann. § 40:55D-4
291. N.J. Stat. Ann. § 40:55D-27(b)
292. Or. Rev. Stat. § 197.301
293. Vt. Stat. Ann. tit. 24, § 4345(6)
294. Ga. Stat. Ann. § 50-8-2(a)(18)
295. Me. Rev. Stat. Ann. tit. 30-A, § 4349-A 3
296. Tenn. Code Ann. §§ 6-58-109 (a)(1)-(3), 6-58-110
297. Haw. Rev. Stat. § 226-104(b)(5)
298. Md. Code Ann., State Fin. & Proc. §§5-7B-01 et seq., 5-7B-04; see also §§5-7B-05, 5-7B- 06 & 5-7B-07(b)(citing exceptions)
299. Me. Rev. Stat. Ann. tit. 30-A, § 4349-A 3
300. Tenn. Code Ann. § 6-58-109 (a)(1)-(3)
301. Tenn. Code Ann. § 6-58-110
28 | PLANNING FOR BIODIVERSITY
302. Del. Code Ann. tit. 9, §§ 2658(a), 4958(a), 6958(a)
303. Fla. Stat. Ann. § 163.3167(3)
304. N.J. Stat. Ann. § 52:18A-199 (c), (d)
305. Or. Rev. Stat. §§ 197.175, .320
306. R.I. Gen. Laws § 45-22.2-9(d)
307. Tenn. Code Ann. § 4-3-727, § 6-58-107
308. Vt. Stat. Ann. tit. 24, § 4305(c), (d)
309. Wash. Rev. Code §§ 36.70A.250, .280
310. Fla. Stat. Ann. § 163.3167(3)
311. N.J. Stat. Ann. § 52:18A-199 (c), (d)
312. Or. Rev. Stat. § 197.320
 PART FIVE | 1

APPENDIX A : STATE NARRATIVES

ALABAMA

LAND USE PLANNING AUTHORITIES

Municipal planning commissions are authorized, and, if established, master plans are required.1 In contrast, region-
al planning commissions are authorized, and master plans are authorized but not required.2

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Open Space—Municipal planning commission master plans must include open space recommendations.3

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

The Office of State Planning and Federal Programs provides planning information and support to local governments.4
2 | PLANNING FOR BIODIVERSITY

ALASKA

LAND USE PLANNING AUTHORITIES

First and second class boroughs are required to establish planning commissions. Each commission is required to
develop a comprehensive plan.5

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

Not Applicable
 PART FIVE | 3

ARIZONA

LAND USE PLANNING AUTHORITIES

Municipal planning is authorized, and, if planning agencies are established, general plans are required.6 Counties are
required to plan and to prepare a comprehensive plan.7

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Environmental Planning—The long range municipal plans of cities with a population between 2,500 and 10,000
with a certain population growth and all other cities over 10,000 must include an environmental planning element to
“address anticipated effects, if any, of plan elements on air quality, water quality, and natural resources.”8

Natural Resources—The long range general plan of cities with a population over 50,000 must include a conservation
element “for the conservation, development and utilization of natural resources, including forests, soils, rivers and other
waters, harbors, fisheries, wildlife, and minerals and other natural resources.”9 County comprehensive plans must also
include a conservation element.10

Open Space—Municipalities’ long range plans must include a land use element designating open space areas. For
cities with a population between 2,500 and 10,000 with a certain population growth rate and all other cities over 10,000,
the plan must include an open space element with an inventory of open space needs and policies for protecting these
areas.11

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Environmental Planning—Cities and towns that are not required to include an environmental planning element, due
to their population growth rate, may opt to do so.12

Natural Resources—Cities and towns which, based on their population, are not required to include a conservation
element may opt to do so.13

Open Space—Cities and towns which, based on their population and population growth rate, are not required to
include an open space element may opt to do so.14 County comprehensive plans may include “studies and recommenda-
tions relative to the location, character and extent of . . . parks [and] open space.”15

Wildlife Habitat—County comprehensive plans may include “studies and recommendations relative to the location,
character and extent of . . . wildlife areas.”16

OTHER INFORMATION

The Commissioner of the Department of State Lands is required to classify those state lands that are suitable for
urban planning. These lands are then included in a state development plan, from which site-specific development plans
are prepared.17
4 | PLANNING FOR BIODIVERSITY

ARKANSAS

LAND USE PLANNING AUTHORITIES

County18 and municipal19 planning are authorized. County planning boards and municipal planning commissions are
authorized, but not required. County and municipal plans are also authorized, but not required.20 In contrast, regional
planning is authorized, and, if regional planning commissions are established, master plans are required.21

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Critical and Sensitive Areas—County plans may make recommendations regarding the protection of areas of environ-
mental concern, including wetlands, forest lands, natural habitat of rare or endangered species, and areas with unique
ecosystems.22

Natural Resources—County plans may include recommendations for conservation of natural resources. Municipal
plans may be adopted for the “preservation of natural and historic features.”23

Open Space—Municipal plans may include “reservation of open spaces.”24

OTHER INFORMATION

Not Applicable
 APPENDIX | 5

CALIFORNIA

STATE-LEVEL AUTHORITIES AND RESPONSIBILITIES

Cities and counties have primary land use planning authority in California, but the state requires that each city and
county develop both general and specific plans, which must include certain biodiversity-related elements. The Office of
Planning and Research is the state comprehensive planning agency.25 The office is charged with developing long range
planning goals, including those related to land use, open space, resource preservation, and air and water quality.26 The
office is also responsible for creating a statewide environmental monitoring system, and for assisting local governments
with planning issues.27

LOCAL PLANNING PROVISIONS IN GROWTH MANAGEMENT LAWS

Local Planning Requirements

Cities and counties are required to adopt comprehensive, long-term general growth plans.28 Local land use decisions
must be consistent with general and specific plans.29

Mandatory Local Plan Elements Related to Biodiversity

Mandatory elements of the required city and county general comprehensive, long-term growth plans include land use,
conservation, and open space.30 In 2001, the legislature added environmental justice to its general plan guidelines.31 The
land use element must designate the proposed general location of public and private uses, including the location of nat-
ural resources and places for the “enjoyment of scenic beauty.”32 The conservation element is for the “conservation, uti-
lization and development of natural resources,” including rivers, fisheries, and wildlife.33 The open space element is com-
posed of a local open space plan, which designates open space for the “preservation of natural resources including . . . areas
required for the preservation of plant and animal life, including habitat for fish and wildlife species; areas required for eco-
nomic and other scientific study purposes; rivers, streams, bays, and estuaries; and coastal beaches, lake shores, banks of
rivers and streams, and watershed lands.”34 All land use decisions must be consistent with the general and specific plans.35

Discretionary Local Plan Elements Related To Biodiversity

In addition to the mandatory elements in the comprehensive long-term growth plan, cities and counties may include
other elements, which “relate to the physical development of the county or city.”36 Cities and counties are also authorized
to adopt a specific plan for implementation of the general plan in specific areas.37

Additional Local Authorities and Responsibilities Related to Biodiversity

Not Applicable

Mechanisms for Monitoring and Enforcing Local Compliance

Funding Restrictions on Localities
Not Applicable

Review of Local Plans

Not Applicable

State Assistance to Localities

The California Office of Planning and Research is designated to serve a local assistance function.38
6 | PLANNING FOR BIODIVERSITY

COLORADO

LAND USE PLANNING AUTHORITIES

Regional and county planning commissions are authorized. Master plans are required for the unincorporated areas in
their regions, although the plans are advisory only.39 City commissions are also authorized, and if established, required to
adopt master plans for the physical development of areas, although the plans are also advisory.40

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Critical and Sensitive Areas—City, county, and regional master plans must include designation of areas containing
endangered or threatened species.41

Natural Resources—City, county, and regional master plans must include the location of local wildlife areas and
forests.42

Open Space—Master city, county, and regional plans must include location of open space.43

Wildlife Habitat—Master city, county, and regional plans must include the location of wildlife areas and areas con-
taining endangered or threatened species must be identified.44

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

The Colorado Land Use Act allows local governments to designate certain areas of activities as those of “State inter-
est” and, therefore, subject to state control. Eligible areas include mineral resources areas, natural hazard areas, areas with
significant historical, natural, or archaeological resources, and areas with important facilities. Eligible activities include site
selection of water and sewage treatment plants, highways, airport, and public utilities.45
The Department of Local Affairs assists local governments with planning and in designating areas of state interest.46
A Planning Aid Fund gives money to cities and counties in need of emergency assistance when development may have an
adverse effect on natural resources.47
The State Land Use Commission develops a state land use planning program, which is designed to include an envi-
ronmental matrix, a management matrix, an impact model, and growth monitoring system. The commission can halt any
development activity that is dangerous to public health, safety, and welfare.48
 APPENDIX | 7

CONNECTICUT

LAND USE PLANNING AUTHORITIES

Municipal49 and regional50 planning are authorized. If planning commissions are established, master plans or devel-
opment plans are required.

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Open Space—Municipal master plans must include recommendations for open space acquisition.51

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

The Office of Policy and Management, Planning and Energy Policy is required to develop a statewide or regional plan
for development of the state, which can include water and land use and environmental considerations.52
8 | PLANNING FOR BIODIVERSITY

DELAWARE

STATE-LEVEL AUTHORITIES AND RESPONSIBILITIES

Counties and municipalities in Delaware have primary land use planning authority over local planning actions. All
Delaware counties plan for development and growth by adopting mandatory comprehensive growth plans,53 which must
contain certain biodiversity-related elements.54
The Delaware Planning Act creates three entities including the Cabinet Committee on State Planning Issues (Cabinet
Committee), the Governor’s Advisory Council on Planning Coordination (Advisory Council), and the Office of State
Planning Coordination (OSPC). The Cabinet Committee considers “matters relating to the orderly growth and develop-
ment of the State.”55 These matters include “recommendations for the most desirable general pattern of land use” con-
cerning watercourses, water bodies, and “other natural or environmental factors.”56 The Cabinet Committee reports to
the governor and the General Assembly annually with recommendations for changes.57 The Cabinet Committee also
reviews the comprehensive plans required by the Quality of Life Act.58 In addition, the governor, through the Cabinet
Committee, must provide counties with state land use and development goals and policies, for use in the comprehensive
planning process.59 The Advisory Council60 works with the Cabinet Committee in its function as advisor to the gover-
nor.61 The Advisory Council is comprised of representatives of several constituency groups, including environmental inter-
ests, as well as other general and specific appointments.62 In addition, the Advisory Council assists the governor on issues
related to development and land use in the state and recommends legislative and administrative solutions.63 The OSPC,
assists in statewide planning matters in an advisory, consultative and coordinating capacity,64 and represents the state on
land use matters.65
The State Land Use Planning Law governs land use planning decisions of more than local concern by requiring oppor-
tunity for notice and comment by state, regional, and federal agencies.66 Actions relating to adoption or amendment of
comprehensive development plans and critical areas are among those enumerated as being of more than local concern. A
“critical area” is defined as “an area wherein the establishment or maintenance of a viable physical, economic or social envi-
ronment is of more than local concern; or the physical, economic or social characteristics of said area are of primary impor-
tance or uniquely sensitive, including, but not limited to, wetlands, major port facilities, and historic areas.”67 Local juris-
dictions must provide the OSPC with “timely written notice” of any proposed local land use planning actions that are of
greater than local concern and, therefore subject to the Delaware Planning Act.68 Upon receiving this notification, OSPC
must provide notice of these actions to interested regional and federal agencies and to all state agencies.69 State agencies
must provide written comments to the OSPC on the proposed land use planning action and expressly consider several
items, including the impact of the proposed action upon the physical environment, including air, water quality, and nat-
ural resources.70
In addition, any state, regional, or federal agency is permitted to comment on any proposed local land use planning
action subject to the Delaware Planning Act at any public hearing provided by the local jurisdiction that has final local
decision-making authority over the proposed action.71 When no such hearing is provided, the OSPC may require the local
jurisdiction to provide one only if the proposed land use planning action “significantly affects the interests of more than
local concern.”72 Local jurisdictions have final decision-making authority over proposed land use planning actions pro-
vided the jurisdictions presently possess that authority, but no final decisions may be made until the state has an oppor-
tunity to comment.73
The state must review its capital improvements program and facilities plans to determine whether they, among other
factors, “arbitrarily affect local jurisdictions . . . environmentally.”74 If such an arbitrary effect is found, the State agen-
cy whose plan or program is the cause must amend the plan or program to remedy the situation.75 Similarly, if a local
jurisdiction discovers that a state plan or program arbitrarily affects it environmentally, it must notify the OSPC and noti-
fy the appropriate state agency of its determination and reasons supporting it.76 If the state agency agrees, it must amend
its plan or program. If it disagrees, the decision to retain the plan or program constitutes a land use planning decision.77
Finally, any state agency undertaking a land use planning action must notify the local jurisdiction that will be impact-
ed by the action.78 Upon receiving such notification, a local jurisdiction must review the proposed action and submit com-
ments to the OSPC that expressly consider a number of items including the “impact of the proposed action upon the
physical environment, including but not limited to air and water quality and natural resources.”79 The OSPC transmits
 APPENDIX | 9

comments made by local jurisdictions relating to the proposed action to all other state agencies.80 The state agency must
provide local jurisdictions with timely notice of any hearings regarding proposed state land use planning actions.81 Any
local, regional, or federal agency is permitted to comment on any proposed state land use planning action at any public
hearing provided by the state agency, and to compel such a hearing if the state agency does not provide one.82 State agen-
cies have the final decision-making authority over proposed state land use planning actions, if that authority is presently
in their possession, but may not make any final decisions until the local jurisdictions have had an opportunity to com-
ment.83

LOCAL PLANNING PROVISIONS IN GROWTH MANAGEMENT LAWS

Local Planning Requirements

County governments are required to establish local planning agencies to prepare comprehensive plans.84 Local plan-
ning agencies must report on their plans annually to the Cabinet Committee on State Planning Issues.85

Mandatory Local Plan Elements Related to Biodiversity

County comprehensive plans must include materials appropriate “to the prescription of principles, guidelines and
standards for the orderly and balanced future economic, social, physical, environmental and fiscal development of the
area.”86 Plans must include a future land use plan element for conservation activities.87 Environmental data and projec-
tions used to determine present conditions, future land use and public facility requirements must be developed in con-
junction with the state and municipalities and be consistent with projections officially adopted by the Delaware
Population Consortium.88 A conservation element must be included “for the conservation, use and protection of natural
resources in the area and which results in the identification of these resources.”89 It must “consist of natural area classifi-
cations as wetlands, wood uplands, habitat areas, geological areas, hydrological areas, flood plains, aquifer recharge areas,
ocean beaches, soils and slopes.”90 Plans must also contain a recreation and open space element indicating a “comprehen-
sive system of public and private sites for recreation including . . . nature preserves, parks . . ., parkways, water bodies
including beaches . . . [and] open spaces.”91 It is intended that county councils and county governments will “conserve,
develop, utilize and protect natural resources within their jurisdictions.”92

Discretionary Local Plan Elements Related To Biodiversity

Not Applicable

Additional Local Authorities and Responsibilities Related to Biodiversity

As discussed above, under the State Land Use Planning Law, local jurisdictions have several duties and responsibili-
ties with respect to notifying the state of land use planning actions that are of “greater than local concern” and subject to
the comment requirements of the State Land Use Planning Law.93 Local jurisdictions must also review certain state agen-
cy land use planning actions for impact on the environment.94 In addition, under the State Land Use Planning Law,
municipalities must review their existing comprehensive development plans to determine if those plans arbitrarily exclude
land uses of more than local benefit.95 “Land use of more than local benefit” means “any use or combination of uses of
land or water whose economic, social or environmental benefits extend beyond the local jurisdiction in which the use or
uses take place.”96 Plans must be amended to remedy any arbitrary exclusions.97 Furthermore, as discussed, regional agen-
cies, along with state and federal agencies, are permitted to comment on any proposed local land use planning action sub-
ject to the State Land Use Planning Law at any public hearing provided by the local jurisdiction.98

Mechanisms for Monitoring and Enforcing Local Compliance

Funding Restrictions on Localities
Not Applicable

Review of Local Plans

Comprehensive plans must be presented to the Cabinet Committee on State Planning Issues when they are made
available for public review.99 Local planning agencies must also report on comprehensive plans annually to the cabinet.100
In addition, land use planning decisions of “more than local concern” are subject to the Delaware Planning Act, which
requires opportunity for notice and comment by the affected political subdivisions or state agencies, including actions
relating to the adoption or amendment of comprehensive development plans, as discussed in detail above.101
10 | PLANNING FOR BIODIVERSITY

State Assistance to Localities

The growth management law specifically provides funding for local assistance efforts, including a 2001 allocation of
funding for technical assistance to municipalities to develop comprehensive plans.102
 APPENDIX | 11

FLORIDA

STATE-LEVEL AUTHORITIES AND RESPONSIBILITIES

The overall planning structure in Florida is based upon local and regional comprehensive planning guided by a state
plan. The Local Government Comprehensive Planning and Land Development Act103 mandates that Florida counties and
municipalities adopt comprehensive plans that must be consistent with the requirements of the state comprehensive
plan.104 Local comprehensive plans must contain certain biodiversity-related elements.105
The Florida State Comprehensive Planning Act (Planning Act)106 specifies that the purpose of the state plan is to pro-
vide overall policy direction and guidance to local and regional entities making land use decisions. The state comprehen-
sive plan governs state and regional agencies and local governments by providing policy direction and long range guid-
ance for the growth of the state.107 All state agencies must enforce the state comprehensive plan and all agency budgets
and programs must be “consistent with the adopted State comprehensive plan and support and further its goals and poli-
cies.”108
The governor is the chief planning officer of the state and must conduct a biennial review and revision of the state
comprehensive plan.109 The Executive Office of the Governor, which is defined to include the Office of Planning and
Budgeting of the Executive Office of the Governor, has a number of responsibilities designed to ensure “consistency and
uniformity in the State and regional planning process.”110
The statewide goals, objectives, and policies related to the opportunities, problems, and needs associated with growth
and development in the state comprise the growth management portion of the plan.111 The statute specifies that the pur-
pose of the growth management portion of the state comprehensive plan is to “establish clear, concise, and direct goals,
objectives, and policies related to land development, water resources, transportation, and related topics.”112 The Executive
Office of the Governor prepares this portion of the plan in coordination with the legislature, appropriate state agencies,
regional entities, local governments, and citizens. It must not be based upon the comprehensive format of the State com-
prehensive plan, but rather, must be strategic in nature.113 Once adopted by the legislature, the growth management por-
tion of the state comprehensive plan becomes law. The legislature must indicate which plans, activities, and permits must
be consistent with the growth management portion of the state comprehensive plan.114
Regional planning councils exist in each of the comprehensive planning districts of the state.115 These councils are
responsible for the planning and coordination of intergovernmental responses to those growth management problems of
a non-local nature. The state land planning agency must evaluate statutory provisions relating to the intergovernmental
coordination element and consider changes to its intergovernmental element rules in consultation with a technical com-
mittee of 15 members. These members must represent local governments, regional planning councils, the private sector,
and environmental organizations.116
Legislative findings and declarations in the Planning Act include a statement that “no single unit of government can
plan or implement policies” related to “protection and conservation of natural . . . resources” because they “transcend the
boundaries and responsibilities of individual units of government.”117
The growth management portion of the state comprehensive plan must contain several elements. Required elements
related to biodiversity include identification of “areas of State and regional environmental significance and establish[ment
of ] strategies to protect them;” promotion of “land acquisition programs to provide for natural resource protection, open
space needs, urban recreational opportunities and water access;” establishment of “priorities regarding coastal planning
and resource management;” and objectives and policies “related to the State’s natural and built environment that are nec-
essary to effectuate those portions of the State comprehensive plan which are related to physical growth and develop-
ment.”118
The Planning Act specifies that the state comprehensive plan may include goals, objectives, and policies related to
“natural resources and environmental management.”119 The comprehensive plan adopted by the legislature does contain
specific goals and policies related to water resources, coastal and marine resources, natural systems, and recreational
lands.120 Policies relating to water resources include: protecting and using natural water systems in lieu of structural alter-
natives and restoration of modified systems; establishing minimum seasonal flows and levels for surface watercourses with
primary consideration given “to the protection of natural resources, especially marine, estuarine, and aquatic ecosystems;”
and discouraging “the channelization, diversion or damming of natural riverine systems.”121 Strict flood plain manage-
12 | PLANNING FOR BIODIVERSITY

ment by the state and local governments is encouraged “to preserve hydrologically significant wetlands.”122 Water neces-
sary to protect fish and wildlife is reserved from use.123
Goals relating to coastal and marine resources include ensuring that developments and improvements “do not endan-
ger . . . important natural resources.”124 Policies relating to coastal and marine resources include acceleration of public
acquisition of coastal and beachfront land “to protect coastal and marine resources.”125 Other policies include protection
of coastal resources, marine resources, and dune systems from the effects of development and protection of dune systems
from disturbance.126 Also included is the protection of marine fisheries habitats and other aquatic resources, protection of
sensitive coastal areas, and avoidance of exploration and development of mineral resources that threaten marine, aquatic,
and estuarine resources.127
Goals relating to natural systems and recreational lands include protecting and acquiring “natural habitats and eco-
logical systems, such as wetlands, tropical hardwood hammocks, palm hammocks, and virgin longleaf pine forests” and
restoring “degraded natural systems.”128 Policies relating to natural systems and recreational lands include conservation of
“forests, wetlands, fish, marine life, and wildlife to maintain their environmental, economic, aesthetic and recreational val-
ues.”129 Acquisition and retention of public lands for conservation is also mentioned.130 Other policies include: prohibi-
tion of the “destruction of endangered species and protect[ion] of their habitats;”131 establishment of an integrated regula-
tory program to assure the survival of endangered and threatened species; promotion of agricultural practices that are com-
patible with wildlife and natural systems; encouragement of multiple use of forest resources, including wildlife habitat,
protection and restoration of wetlands; promotion of the restoration of the Everglades; development of a program to
ensure the integrity of Florida’s water systems; emphasis on acquisition and maintenance of ecologically intact systems in
all land and water planning; and protection and expansion of the park systems in the state.132
The state comprehensive plan requires each electric utility to submit a 10-year site plan estimating its power generat-
ing needs and general locations of its proposed power plant sites. The Public Service Commission must study the plan
and classify it as suitable or unsuitable. The commission must consider the plan as a planning document and review sev-
eral issues. These issues include the need for electrical power in the area to be served, the environmental impact of each
proposed electrical power site, possible alternatives to the plan, viewpoints of agencies, the extent to which the plan is con-
sistent with the state comprehensive plan and information on energy availability and consumption.133
Areas of critical state concern may be designated for certain types of areas in the state, including areas “containing, or
having a significant impact upon, environmental or natural resources of regional or statewide importance.” This includes,
but is not limited to, forests, wildlife refuges, and major rivers and estuaries, which would be substantially deteriorated by
“uncontrolled private or public development.”134 Specific criteria that must be considered in designating an area of crit-
ical state concern include: “whether the ecological value of the area, as determined by the physical and biological compo-
nents of the environmental system, is of substantial regional or statewide importance;” “whether the area is a designated
critical habitat of any state or federally designated threatened or endangered plant or animal species;”and “whether any
existing or planned substantial development within the area will directly, significantly, and deleteriously affect any or all
of the environmental or natural resources of the area which are of regional or statewide importance.”135 The
Administration Commission is charged under the statute with designating areas of critical state concern. The rules issued
to designate such areas must include, among other things, principles for guiding development. The rules adopted by the
commission and the principles guiding development must be submitted by the commission to the legislature for review.
The legislature may reject, modify, or take no action on the adopted rule.136 The Department of Community Affairs may
recommend to the commission specific areas of critical state concern.137 In addition, each regional planning agency may
recommend to the department areas within its jurisdiction that meet the criteria for areas of critical state concern and must
solicit from the local government within its jurisdiction suggestions as to areas to be recommended.138 In designated areas,
the local government must adopt the Administration Commission’s rules guiding development, or the department must
approve the local regulations for the area.139

LOCAL PLANNING PROVISIONS IN GROWTH MANAGEMENT LAWS

Local Planning Requirements

Municipalities and counties are required to prepare comprehensive plans that are consistent with the requirements of
the state comprehensive plan.140
 APPENDIX | 13

Mandatory Local Plan Elements Related to Biodiversity

Mandatory elements of local comprehensive plans include a future land use element designating future land uses for
conservation purposes.141 A conservation element is also required for the “conservation, use, and protection of natural
resources in the area,” including “air, water, water recharge areas, wetlands, waterwells, estuarine marshes, soils, beaches,
shores, flood plains, rivers, bays, lakes, harbors, forests, fisheries and wildlife, marine habitat, minerals, and other natural
and environmental resources.”142 A recreation and open space element is also required.143 This element should indicate
“a comprehensive system of public and private sites for recreation” including “natural reservations, parks . . ., parkways,
beaches . . ., [and] open spaces.”144 Those local governmental units required to include a coastal management element
must set forth policies relating to the “continued existence of viable populations of all species of wildlife and marine
life.”145 The coastal management element must also set forth policies addressing the “utilization and preservation, consis-
tent with sound conservation principles, of all living and nonliving coastal zone resources.”146 The coastal management
element must include a land use and inventory map of existing wildlife habitat and wetlands. It must contain an analy-
sis of the environmental impact of development proposed in the future land use plan on the natural resources of the coast,
and the plans to eliminate or mitigate the adverse impacts on coastal wetlands, living marine resources, and unique
wildlife habitat. Within one year of submission of a local comprehensive plan to the state planning agency, the local gov-
ernment must adopt land development regulations. These regulations must provide for open space.147

Discretionary Local Plan Elements Related To Biodiversity

The comprehensive plan may contain a recommended community design element consisting of recommendations for
open space locations.148 Rural land stewardship areas, involving economic and planning incentives, may be authorized in
up to five local governments. Rural land stewardships occur when local governments designate all or portions of lands
classified in the future land use element as predominantly agricultural, rural, open, open-rural, or a substantively equiva-
lent land use.149 Rural land stewardship areas are used to further the restoration and maintenance of the economic value
of rural land, control urban sprawl, and identify and protect ecosystems, habitats, and natural resources.150 Criteria for
the designation of rural areas include providing for adequate suitable land to accommodate development so as to avoid
conflict with environmentally sensitive areas, resources, and habitats.151 Written agreements for rural land stewardship
areas must include criteria for protecting the natural environment.152 Upon adoption of a rural land stewardship area, the
local government must assign transferable rural land use credits to the area. These transferable rural land use credits may
be assigned at different ratios of credits per acre, with the highest number of credits per acre assigned to preserve environ-
mentally valuable land and lesser number of credits assigned to open space land.153

Additional Local Authorities and Responsibilities Related to Biodiversity

As noted, regional planning councils exist in each of the comprehensive planning districts of the state. These coun-
cils are responsible for the planning and coordination of intergovernmental responses to those growth management prob-
lems of a non-local nature.154 In addition, if a local government fails to prepare a comprehensive plan, or elements are
lacking, the regional planning entity for the area must adopt the missing elements.155

Mechanisms for Monitoring and Enforcing Local Compliance

Funding Restrictions on Localities
Not Applicable

Review of Local Plans

As noted, if a local government fails to prepare a comprehensive plan, or elements are lacking, the regional plan-
ning entity for the area must adopt the missing elements.156

State Assistance to Localities

Not Applicable
14 | PLANNING FOR BIODIVERSITY

GEORGIA

STATE-LEVEL AUTHORITIES AND RESPONSIBILITIES

Counties and municipalities have general planning authority in Georgia, subject to state requirements. The structure
of the Georgia Planning Act of 1989157 forwards comprehensive and coordinated planning at the local and state levels by
requiring local governments to use certain minimum standards and procedures in their local plans.158
The minimum standards and procedures for preparing local comprehensive plans, including those related to natural
resources and the environment,159 are established by the Department of Community Affairs.160 The standards and proce-
dures must address the protection of mountains, river corridors, public water supply watersheds of streams and reservoirs,
ground water, and wetlands.161 The environmental planning criteria required for comprehensive plans are rules promul-
gated by the Department of Natural Resources. The Department of Natural Resources has established minimum stan-
dards and procedures to prevent erosion by “land-disturbing activities,” to protect mountain ridges over 2,200 feet, wet-
lands, and river corridors.162 Permits are required for land-disturbing activities and for any “land alteration which alters
the natural topography or vegetation” of a shoreline area.163 Protecting and preserving the natural resources of the state
and the environment is “an essential public interest” and of “vital importance.”164

LOCAL PLANNING PROVISIONS IN GROWTH MANAGEMENT LAWS

Local Planning Requirements

Local governments are authorized to establish comprehensive plans that contain mandatory elements and follow
mandatory procedures.165 Specifically, state statutes authorize local governments, including both municipalities and coun-
ties, to adopt coordinated and comprehensive planning schemes.166 Regional development centers are also established by
statute, and are required to develop a regional plan.167 Regional plans must take into account the local plans in their
areas.168

Mandatory Local Plan Elements Related to Biodiversity

Elements addressing both natural resources and the environment are required in comprehensive plans of local govern-
ments.169 Local governments must identify existing river corridors and adopt river corridor protection plans as part of their
planning process.170 Land use plans must address whether river corridors are “unique or significant in the conservation
and movement of flora and fauna including threatened, rare, or endangered species.”171 The plans must also address
“whether alteration of river corridors would have a measurably adverse impact on adjacent sensitive natural areas.”172 Land
use plans must provide certain uses of river corridors including wildlife and fisheries management. The minimum stan-
dards and procedures for watershed protection must include buffer areas along streams and reservoirs. A natural vegeta-
tive buffer area must protect perennial river corridors.173 Other specific minimum standards and procedures are included
in rules promulgated by the Department of Natural Resources.

Discretionary Local Plan Elements Related To Biodiversity

Wetland protection may include different minimum standards and procedures based on the “need to protect endan-
gered or protected species or other unusual resources.”174

Additional Local Authorities and Responsibilities Related to Biodiversity

Each regional center must develop a comprehensive plan for those rivers located in metropolitan areas and for the
adjoining land. No structures may be built or maintained in the flood plain.175

Mechanisms for Monitoring and Enforcing Local Compliance

Funding Restrictions on Localities
To maintain eligibility for certain state grants, loans, and permits, local comprehensive plans must meet these
minimum standards and criteria and local governments must maintain the status of “Qualified Local Government.” Each
county and city was granted this status with the passage of the Georgia Planning Act of 1989. A Qualified Local
 APPENDIX | 15

Government is statutorily defined, in part, as a county or municipality that “has a comprehensive plan in conformity with
the minimum standards and procedures” and “has established regulations consistent with its comprehensive plan and with
the minimum standards and procedures.”176

Review of Local Plans

Not Applicable

State Assistance to Localities

Not Applicable
16 | PLANNING FOR BIODIVERSITY

HAWAII

STATE-LEVEL AUTHORITIES AND RESPONSIBILITIES

A statewide planning system was established in 1961 and a state plan was adopted in 1978. The statewide planning
system consists of state functional plans and county general plans.177 Functional plans set forth “policies, statewide guide-
lines, and priorities within a specific field of [State agency] activity.”178 These plans address such areas as agriculture, con-
servation, education, health, and transportation.179 County general plans are comprehensive long-range plans adopted by
the county council indicating the “desired population and physical development patterns for each county.”180 The state
plan coordinates and integrates the state functional and county general plans.181
The purpose of Hawaii’s state plan,182 which is set forth in the Hawaii State Planning Act,183 is to establish overall pri-
ority guidelines to address areas of statewide concern.184 Five major areas of statewide concern are identified in the statute
as meriting priority attention: “economic development, population growth and land resource management, affordable
housing, crime and criminal justice and quality education.”185
The Office of State Planning, within the governor’s office, guides the overall planning framework for the state. This
office is responsible for the development and management of the state’s growth policy.186 The State Land Use Commission
manages land use under the four state land use districts—Urban, Rural, Agricultural, and Conservation.187
The Hawaii state plan includes among its state goals the achievement of “a desired physical environment, character-
ized by beauty, cleanliness, quiet, stable natural systems, and uniqueness, that enhances the mental and physical well-being
of the people.”188 The state plan sets forth various policies and goals for specific areas of state concern. Some of these
relate to environmental objectives. For example, its policies for the economy include promotion of Hawaii “as an attrac-
tive market for environmentally . . . sound investment activities” and promotion and protection of intangible resources
such as “scenic beauty.”189 Additional policies for the economy specifically relating to federal expenditures include promo-
tion of federally supported activities that “minimize adverse impacts on Hawaii’s environment.”190 Support and promo-
tion of Hawaii’s environmental objectives are included among potential growth activity policies.191 Similarly, policies set
forth to achieve the state’s transportation objectives include encouragement of transportation systems sensitive to the qual-
ity of Hawaii’s natural environment.192 Policies set forth to achieve the objective for socio-cultural advancement and leisure
include promotion of “recreational and educational potential of natural resources having scenic, open space, cultural, his-
torical, geological, or biological values while ensuring that their inherent values are preserved.”193
The state plan specifically sets out objectives and policies for the physical environment.194 These objectives and poli-
cies relate to land-based, shoreline, and marine resources;195 scenic, natural beauty and historic resources;196 and land, air,
and water quality.197 These objectives include prudent use of those resources and “protection of Hawaii’s unique and frag-
ile environmental resources.”198 To obtain its objectives, the state’s policy includes exercising an overall conservation
ethic,199 and ensuring compatibility between land- and water-based activities and natural resource and ecological systems.200
It includes taking into account the physical attributes of areas when planning and designing,201 and managing natural
resources and environs to encourage their beneficial use “without generating costly or irreparable environmental dam-
age.”202 The state’s policy also includes encouraging the protection of rare or endangered plant and animal species and
habitats native to Hawaii,203 and providing public incentives to “encourage private actions to protect significant natural
resources from degradation.”204 Compatible relationships among activities, facilities, and natural resources should also be
pursued as a matter of policy.205
Planning for the physical environment must be “directed toward achievement of the objective of enhancement of
Hawaii’s scenic assets [and] natural beauty.”206 To achieve this objective the state’s policies include promotion of preserva-
tion of significant natural resources,207 and providing incentives to maintain scenic amenities.208 Promoting the preserva-
tion of views and vistas “to enhance the visual and aesthetic enjoyment of mountains, ocean, scenic landscapes, and other
natural features” is also included.209 Protection of special areas and elements that are part of Hawaii’s ethnic and cultural
heritage and encouraging designs that complement the natural beauty of the islands are also included.210
Planning objectives for land, air, and water quality include greater public awareness and appreciation of Hawaii’s envi-
ronmental resources.211 The state’s policies to achieve its objectives include fostering education activities to promote under-
standing of Hawaii’s limited resources;212 proper management of land and water resources;213 and achievement of quality
surface, ground, and coastal waters.214
 APPENDIX | 17

Priority guidelines for stimulating economic growth and encouraging business expansion include attracting industries
that have minimum adverse affects on the environment.215 Priority guidelines to promote the visitor industry include
developing resorts that provide adequate shoreline setbacks and visitor industries which “respect, preserve, and enhance
Hawaii’s significant natural, scenic, historic, and cultural resources.”216

LOCAL PLANNING PROVISIONS IN GROWTH MANAGEMENT LAWS

Local Planning Requirements

County plans are required and must contain certain elements.217

Mandatory Local Plan Elements Related to Biodiversity

County general plans “shall indicate desired population and physical development patterns for each county and
regions within each county.” These plans shall also “address the unique problems and needs of each county and regions
within each county.” In addition, county general plans or development plans “shall further define the overall theme, goals,
objectives, policies, and priority guidelines” contained within the statewide planning system, several of which are biodi-
versity-related, as discussed above.218

Discretionary Local Plan Elements Related To Biodiversity

Not Applicable

Additional Local Authorities and Responsibilities Related to Biodiversity

Not Applicable

Mechanisms for Monitoring and Enforcing Local Compliance

Funding Restrictions on Localities
Unless the public interest dictates otherwise, priority must be given to state capital improvement funds to encour-
age urban development within existing urban boundaries, in order to preserve green belts.219

Review of Local Plans

Not Applicable

State Assistance to Localities

Not Applicable
18 | PLANNING FOR BIODIVERSITY

IDAHO

LAND USE PLANNING AUTHORITIES

Cities and counties are required to plan and must adopt comprehensive plans.220

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Natural Resources—City and county comprehensive plans must include a natural resource component analyzing uses
of rivers, forests, fisheries, and wildlife.221

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Open Space—City and county planning commissions can recommend the adoption of a “future acquisitions map,”
which identifies land to be acquired over a 20 year period, including land for open space. Proposed development on these
lands can be halted while the government is given the opportunity to purchase or condemn the land.222

OTHER INFORMATION

Not Applicable
 APPENDIX | 19

ILLINOIS

LAND USE PLANNING AUTHORITIES

Municipal223 and township224 planning is authorized and planning commissions are authorized to adopt comprehen-
sive plans, but plans are not required. The plans are advisory only. Similarly, counties are authorized to plan and plan-
ning commissions are authorized, but not required to adopt “regional” plans for all or a portion of the county.225 In addi-
tion, counties, cities, and other local governmental units are authorized, in certain circumstances, to create joint planning
commissions with the governing bodies of adjoining states. Such joint planning commissions may be designated as
regional or metropolitan planning commissions.226

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

Municipalities and counties may establish Local Land Resource Management Plans under the Local Land Resources
Management Planning Act. These plans can conserve forest lands, natural resources, and open spaces.227 Townships may
also create an open space program to promote, “the conservation of nature, flora and fauna, natural environment and nat-
ural resources of the township.”228
The state’s official planning agency, the Department of Commerce and Community Affairs, funds statewide compre-
hensive planning and regional and local planning assistance.229
20 | PLANNING FOR BIODIVERSITY

INDIANA

LAND USE PLANNING AUTHORITIES

Counties and municipalities may establish planning commissions. If established, commissions are required to adopt
comprehensive plans.230 Regional planning is also authorized and the adoption of comprehensive plans is required.231

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Natural Resources—Municipal and county comprehensive plans may contain maps and information about such sub-
jects as forests.232

Wildlife Habitat—Municipal and county comprehensive plans may contain maps and information about such sub-
jects as forests and wildlife refuges.233

OTHER INFORMATION

Not Applicable
 APPENDIX | 21

IOWA

LAND USE PLANNING AUTHORITIES

City and county planning and zoning are authorized and comprehensive plans are required.234 Similarly, regional
planning is authorized and comprehensive plans are required.235

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Open Space—Regional plans may include planning for open spaces.236

OTHER INFORMATION

In addition to local comprehensive plans, county land preservation and use commissions may adopt plans with meth-
ods for promoting the creation and maintenance of wildlife habitat237 and methods for preserving forests, wetlands,
streams, lakes, and aquifers.238
22 | PLANNING FOR BIODIVERSITY

KANSAS

LAND USE PLANNING AUTHORITIES

Cities and counties are authorized to plan and may establish planning commissions. The adoption of comprehensive
plans is authorized but not required.239 In contrast, regional planning is authorized and comprehensive plans are
required.240

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Natural Resources—City, county, and regional comprehensive plans must include recommendations for the “utiliza-
tion and conservation of natural resources.”241

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

Not Applicable
 APPENDIX | 23

KENTUCKY

LAND USE PLANNING AUTHORITIES

Cities and counties are required to plan and are required to adopt comprehensive plans.242 Counties with certain pop-
ulations may meet the planning requirements by establishing area planning commissions for consolidated planning.243

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Natural Resources—City and county comprehensive plans may include elements addressing conservation and natu-
ral resources.244 Area plans may also include a natural resources element.245

OTHER INFORMATION

A State Planning Committee provides information on planning to the legislature and prepares a long-term develop-
ment program of major state improvement projects.246 The Board of the Long Term Policy Research Center coordinates
long-term planning by state agencies.247
24 | PLANNING FOR BIODIVERSITY

LOUISIANA

LAND USE PLANNING AUTHORITIES

Municipal and parish planning is authorized. If established, planning commissions must adopt master plans.248

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Open Space—Municipal and parish master plans must include recommendations for the location of open space.249

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

Not Applicable
 APPENDIX | 25

MAINE

STATE-LEVEL AUTHORITIES AND RESPONSIBILITIES

Significant state and regional planning powers exist in Maine. The state has planning authority over all unincorpo-
rated areas through the Land Use Regulatory Commission. The state also creates resource management plans for the
state’s rivers and coastal management areas and has a growth management program. Municipalities are encouraged to
adopt plans and growth management programs.250
The State Commissioner of Conservation develops a Register of Critical Areas containing significant or unique nat-
ural features, and recommends protection of these areas to the appropriate state agencies.251 In addition, the State
Planning Office also creates resource management plans for the state’s principal rivers and coastal management policies.252
The Maine State Planning Act253 establishes the Land and Water Resources Council (Council) which ensures intera-
gency coordination of the state’s activities regarding natural resource and land use management.254 The council advises
the governor, the legislature and state agencies on the formulation of policies for management of land and water resources
to achieve state environmental goals and recommends coordinated state policy regarding proposals affecting the natural
environment.255 The council also evaluates the growth management program.256 In addition, the council establishes pri-
orities for managing water bodies based on an assessment of the aquatic habitat due to nonpoint source pollution, among
other considerations.257
The Local Growth Management Programs are designed to provide for “continued direct State regulation of develop-
ment proposals that occur in areas of statewide concern, that directly impact natural resources of statewide significance
or that by their scale or nature otherwise affect vital State interests.”258 Established state goals must be included in local
comprehensive plans to “provide overall direction and consistency to the planning and regulatory action of all State and
municipal agencies affecting natural resource management.”259 The Local Growth Management Programs statute260 con-
tains the standards by which local comprehensive plans must be developed. Plans must include certain state goals that
address growth.261 These state goals include protecting the state’s rural character, protecting the quality of the state’s water
resources, protecting the state’s “other critical natural resources, including . . . wetlands, wildlife and fisheries habitat, sand
dunes, shorelands, scenic vistas and unique natural areas.”262 Other state goals include safeguarding the state’s agricultur-
al and forest resources “from development which threatens those resources,” and “promoting and protecting the availabil-
ity of outdoor recreation opportunities.”263
Growth-related state capital investments are restricted by statute. For example, investments are specifically authorized
in several situations, including investments in projects that include a building or improvement that is related to and
required to be proximate to land acquired for a park, conservation, open space, or public access or to an agricultural, con-
servation, or historic easement. 264
The state has a land use mediation program for private landowners that provides a forum for mediation of govern-
mental land use actions. Mediators must be knowledgeable in environmental law and regulatory issues.265

LOCAL PLANNING PROVISIONS IN GROWTH MANAGEMENT LAWS

Local Planning Requirements

Municipalities are authorized to adopt local growth management programs, which must include comprehensive
plans. State goals must be included in local comprehensive plans.266 Two or more municipalities may conduct their
growth management programs jointly, as a multimunicipal region, if they have adopted a written comprehensive plan-
ning and enforcement agreement.267

Mandatory Local Plan Elements Related to Biodiversity

Local comprehensive plans (which include municipal and multimunicipal plans) must address state goals concerning
growth, as discussed above.268 In addition, plans must analyze the “vulnerability of and potential impacts on natural
resources.”269 Comprehensive plans must also address significant water resources and “their vulnerability to degradation,”
as well as “significant or critical natural resources, such as wetlands, wildlife and fisheries habitats, significant plant habi-
tats, coastal islands, sand dunes, scenic areas, shorelands, heritage coastal areas . . . and unique natural resources.”270
26 | PLANNING FOR BIODIVERSITY

Commercial forestry and agricultural land must also be addressed.271 Furthermore, the analysis section must include exist-
ing recreation, park, and open space areas.272 Comprehensive plans must also include a policy development section that
promotes the state’s goals and addresses the state’s coastal policies.273 Comprehensive plans must also contain an imple-
mentation strategy that identifies growth areas and rural areas.274 A rural area is defined as “an area that is deserving of
some level of regulatory protection . . . to support agriculture, forestry, mining, open space, wildlife habitat, fisheries habi-
tat and scenic land.”275 The implementation strategy must also ensure that “water quality will be protected from long-term
and cumulative increases in phosphorus from development in great pond watersheds.”276 Additionally, the strategy must
ensure the protection of agricultural and forest resources and discourage incompatible development.277 It must encourage
the “creation of greenbelts, public parks, trails and conservation easements.”278 Each municipality and mulitimunicipal
region must identify and encourage the protection of undeveloped shoreland “and other areas identified in the local plan-
ning process as meriting that protection.”279 The strategy must also develop goals for “great ponds pertaining to . . . pro-
tection of resources of State significance . . ..”280

Discretionary Local Plan Elements Related To Biodiversity

Municipalities are not required to identify growth areas for residential, commercial, or industrial growth, if such
growth is not possible because limitations imposed by protected natural resources exist.281

Additional Local Authorities and Responsibilities Related to Biodiversity

The development of regional coordination programs is required to manage shared resources, such as rivers, and to pro-
vide consistency with comprehensive plans of other municipalities.282

Mechanisms for Monitoring and Enforcing Local Compliance

Funding Restrictions on Localities
Municipalities that have adopted a comprehensive plan consistent with the state’s goals and guidelines are given
preference for state grants and investments.283

Review of Local Plans

Not Applicable

State Assistance to Localities

The state provides technical and financial assistance programs for municipalities to encourage adoption of local
growth management programs.284 Regional council assistance may be offered by the State Planning Office to assess open
space needs.285
 APPENDIX | 27

MARYLAND

STATE-LEVEL AUTHORITIES AND RESPONSIBILITIES

Planning authority in Maryland is given to counties and cities, with encouragement of voluntary and infrastructure-
based smart growth practices.286 Growth management occurs through a State Development Plan and local comprehen-
sive plans. Local comprehensive plans, required by the Economic Growth, Resource Protection and Planning Act, must
include certain elements.
The Department of Planning is responsible for planning matters at the state level. The department assists local units
of government with planning, and prepares the State Development Plan.287 An Office of Smart Growth was established
in 2001, which acts as a clearinghouse for information on growth management in the state. It is also designed to ensure
that state entities are pursuing smart growth principles.288
Maryland’s comprehensive state planning policy consists of eight points or “visions.”289 Five of these policy points or
visions include concentrating development in “suitable areas,” protection of sensitive areas, preservation of rural areas,
protection of the Chesapeake Bay, and conservation of resources, including a reduction in resource consumption.290
Stewardship of the Chesapeake Bay is considered a “universal ethic.”291
The State Development Plan must contain several items including identification of areas of critical state concern and
land use recommendations. Each county must make recommendations to the Department of Planning concerning those
areas in the county that should be designated as areas of critical state concern. Land use recommendations must be based
on the best available information concerning a number of factors including “environmental and natural factors.”292
Under the Smart Growth Areas Act, “Priority Funding Areas” designate certain areas for funding for growth related
projects.293 The state generally prohibits funding for growth related projects outside of the priority funding areas.294 Smart
neighborhood development is defined as a comprehensively planned, compact mixed use development within a Priority
Funding Area that integrates residential, commercial, open space, and public uses.295
A State Economic Growth, Resource Protection and Planning Commission (Commission) advises and reports to the
governor, the General Assembly and local governments on issues including the State Development Plan, progress imple-
menting the sensitive area element and achieving protection of sensitive areas, progress implementing the required visions,
and progress of local governments in protecting natural resources.296
Maryland sets forth a standard for sensitive areas which applies to local jurisdictions that exercise planning and zon-
ing authority but fail to adopt a sensitive areas element.297 In such cases, streams and buffers, 100-year floodplains, habi-
tats of threatened and endangered species, and steep slopes within those local jurisdictions are deemed to be sensitive
areas.298 The commission establishes standards to govern activities in those sensitive areas until the local jurisdiction
adopts a sensitive areas element as required under the land use statute.299

LOCAL PLANNING PROVISIONS IN GROWTH MANAGEMENT LAWS

Local Planning Requirements

Counties and cities are authorized to create planning commissions. If commissions are created, they are required to
enact local comprehensive plans300 that contain certain elements and “visions.”301

Mandatory Local Plan Elements Related to Biodiversity

Under the Economic Growth, Resource Protection and Planning Act,302 each city and county plan must contain cer-
tain elements and “visions.”303 Elements required in local comprehensive plans include a recommendation for the deter-
mination, identification, and designation of areas within the county that are of critical state concern,304 and a sensitive
areas element.305 The sensitive areas element must contain the goals, objectives, principles, policies, and standards
“designed to protect sensitive areas from the adverse effects of development.”306 Sensitive areas are defined as streams and
their buffers, 100-year floodplains, threatened and endangered species habitat, and steep slopes.307 Plans must also pro-
vide for the conservation of natural resources.308
The required visions of local comprehensive plans include concentrating development in “suitable areas,” protection
of sensitive areas, preservation of rural areas, protection of the Chesapeake Bay, and conservation of resources, including
a reduction in resource consumption.309 All local comprehensive plans must include measures for protecting the
Chesapeake Bay.310
28 | PLANNING FOR BIODIVERSITY

Discretionary Local Plan Elements Related To Biodiversity

Local comprehensive plans in effect on July 1, 1985, which are amended after July 1, 1986, may incorporate certain
optional elements, including conservation and natural resources elements.311

Additional Local Authorities and Responsibilities Related to Biodiversity

Not Applicable

Mechanisms for Monitoring and Enforcing Local Compliance

Funding Restrictions on Localities
State support for growth related projects is largely limited to priority funding areas and there is no private right
of action to challenge state decisions to fund projects. Under the Smart Growth Areas Act, “Priority Funding Areas” des-
ignate certain areas for funding for growth-related projects.312 These areas include: municipalities, Baltimore City (except
certain areas), designated neighborhoods, enterprise zones, and heritage areas within county-designated growth areas.
Areas with industrial zoning or rural character also are eligible for county designation.313 The state generally prohibits
funding for growth-related projects outside of the priority funding areas.314 An exemption exists for tourism facilities
required to be located away from other development due to necessary proximity to specific natural resources.315

Review of Local Plans

Not Applicable

State Assistance to Localities

The Department of Planning assists local units of government with planning.316
 APPENDIX | 29

MASSACHUSETTS

LAND USE PLANNING AUTHORITIES

Planning boards and master plans are required for towns of a certain population size. Planning boards are authorized
but not required for the rest of the towns and cities but, if established, are required to adopt master plans.317 Regional
planning is authorized and, if established, comprehensive plans are required.318

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Natural Resources—Master plans must include a natural resources element.319

Open Space—Master plans must include an open space and recreation element.320

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

The Department of Housing and Community Development is “authorized, empowered, and directed to: provide
assistance to communities in solving local problems, including, but not limited to, problems in planning, zoning, hous-
ing and development.”321
30 | PLANNING FOR BIODIVERSITY

MICHIGAN

LAND USE PLANNING AUTHORITIES

Municipalities322 and counties323 are authorized to plan and establish planning commissions. If established, commis-
sions are required to adopt master plans. In contrast, regional planning is authorized and master plans are authorized but
not required.324

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Open Space—Municipal and county master plans must include recommendations for the location of open space.325

Natural Resources—If pertinent to the future development of the municipality, master plans must include a land use
plan and program consisting in part of a classification and allocation of land for forests and woodlots.326

Wildlife Habitat—If pertinent to the future development of the municipality, master plans must include a land use
plan and program consisting in part of a classification and allocation of land for wildlife refuges.327

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

Not Applicable
 APPENDIX | 31

MINNESOTA

LAND USE PLANNING AUTHORITIES

Counties with specified populations and municipalities are authorized to plan and appoint commissions; comprehen-
sive plans are authorized, but not required.328 Similarly, regional planning is authorized and preparation of a development
plan is authorized, but not required.329

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Open Space—Municipal comprehensive plans must consider open space values.330

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Wildlife Habitat—Municipal comprehensive plans may consider wildlife habitat values.331

OTHER INFORMATION

Not Applicable
32 | PLANNING FOR BIODIVERSITY

MISSISSIPPI

LAND USE PLANNING AUTHORITIES

Municipalities and counties are authorized to plan and establish comprehensive plans.332 Similarly, regional planning
is authorized.333

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Open Space—Municipal and county comprehensive plans must include provisions for open space and recreation.334

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

Not Applicable
 APPENDIX | 33

MISSOURI

LAND USE PLANNING AUTHORITIES

Municipal335 and regional336 planning is authorized and comprehensive plans are required. County planning is also
authorized, but plans are not required.337

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

The Office of Administration is the official state planning agency. It provides assistance to local governments338 and
coordinates state and regional comprehensive planning on several topics, including open space.339 The Department of
Community Affairs also assists with the administration of planning programs.340
34 | PLANNING FOR BIODIVERSITY

MONTANA

LAND USE PLANNING AUTHORITIES

Cities, towns, and counties are authorized to establish planning boards. If established, planning boards are required
to prepare a growth policy.341

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Natural Resources—City and county growth policies must consider natural resources.342 Additionally, planning
boards cannot “prevent the complete use, development or recovery of any mineral, forest, or agricultural resources by the
owner thereof.”343

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

Not Applicable
 APPENDIX | 35

NEBRASKA

LAND USE PLANNING AUTHORITIES

Municipalities of a certain size are required to establish planning commissions and adopt comprehensive plans.344
Other municipalities are authorized but not required to establish planning commissions. If established, such commis-
sions are required to adopt comprehensive plans.345 Counties that include cities with a population of a certain size are
required to establish planning commissions and adopt comprehensive plans.346 Other counties are authorized but not
required to establish planning commissions and adopt comprehensive plans.347

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Natural Resources—Cities and counties that include cities with a population of a certain size must take into account
“the need for conserving land and other irreplaceable natural resources” when developing comprehensive plans.348

Open Space—Cities and counties that include cities with a population of a certain size must include in their com-
prehensive plans current and proposed parks, grounds, and open spaces.349

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

A Policy Research Office assists local governments with planning and development of functional plans.350
36 | PLANNING FOR BIODIVERSITY

NEVADA

LAND USE PLANNING AUTHORITIES

City and county governmental units with certain populations are required to create planning commissions. These
planning commissions are required to adopt comprehensive, long term general plans.351 In contrast, for the rest of the
state’s governmental units, commissions are authorized but not required. If commissions are established, they are required
to adopt plans. Regional planning commissions are established in counties with certain populations and are required to
adopt development plans.352

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Natural Resources—Comprehensive plans that are required for cities and counties with certain populations must
include an element for “conservation, development and utilization of natural resources,” including forests, rivers, fisheries,
wildlife, and an inventory of natural land uses.353

Wildlife Habitat—City and county comprehensive long term general plans must contain a conservation plan that
includes fisheries and wildlife.354

Miscellaneous—Regional comprehensive plans must include conservation policies for air, water, and land use projec-
tions.355

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

The Division of State Lands of the Department of Conservation and Natural Resources is the land use planning agen-
cy for state. A Planning Advisory Council appointed by the governor advises the department on the development and dis-
tribution of land use planning information. At the request of local government units, or the governor, the council also
makes recommendations for planning issues in areas of critical environmental concern where irreversible degradation
could occur and on issues regarding inconsistencies in land use plans of local governmental units.356
 APPENDIX | 37

NEW HAMPSHIRE

LAND USE PLANNING AUTHORITIES

Municipal planning boards are authorized. If established, municipal boards are required to prepare master plans.357
Similarly, regional planning entities are authorized. If established, regional planning entities are required to adopt mas-
ter plans.358

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Natural Resources—Municipal master plans must contain a conservation and preservation section to protect natural
and man-made resources.359

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Natural Resources—Municipal master plans may include a natural resources section, which identifies and inventories
any critical or sensitive areas or resources, not only those in the local communities, but those shared with abutting com-
munities. The natural resources section is intended to provide a factual basis for any land development regulations that
are enacted to protect natural areas. The natural resources section of the master plan should include a local water resources
management and protection plan.360

Critical and Sensitive Areas—The natural resources section of municipal master plans, if adopted, should identify and
inventory any critical and sensitive areas or resources, not only those in the local communities, but also those shared with
abutting communities.361

OTHER INFORMATION

The State provides assistance to local governments through the Office of State Planning.362 The Office of State
Planning is required to develop a comprehensive development plan for the state.363 After 2002, regional plans must be,
“to the extent practical,” consistent with the state development plan.364 The state plan must include a natural resources
section which identifies trends in land protection, open space, and farmland preservation and protection.365
38 | PLANNING FOR BIODIVERSITY

NEW JERSEY

STATE-LEVEL AUTHORITIES AND RESPONSIBILITIES

Land use planning in New Jersey is primarily a local responsibility, although the state has a role in developing and
coordinating strategy. The State Planning Act366 creates the State Planning Commission (Commission) composed of 17
members from both the public and state agencies. The commission reviews state and local planning procedures.367 The
commission is also charged with preparing and adopting the State Development and Redevelopment Plan (State Plan),
which provides “a coordinated, integrated, and comprehensive plan for the growth, development, renewal and conserva-
tion of the state and its regions and which shall identify areas for growth, agriculture, open space conservation and other
appropriate designations . . ..”368 The commission prepares, as part of the State Plan, a long-term Infrastructure Needs
Assessment that provides information relating to the conditions, needs, and costs of capital facilities, including shore pro-
tection.369 The commission also facilitates cooperation among state agencies and local governments for the “development
of plans, programs and policies which affect land use, environmental, capital and economic development issues.”370
The Office of State Planning, also created by the State Planning Act, assists the commission in the performance of its
duties.371 Among the duties of the Office of State Planning is the duty to submit to the Commission alternative growth
and development strategies “which are likely to produce favorable economic, environmental and social results.”372
The State Plan is comprehensive and exists for the “growth, development, renewal and conservation of the State and
its regions” and identifies “areas for growth, agriculture, open space conservation” and other areas.373 The New Jersey
Legislature mandated the State Plan as a guide to coordinate planning among state, local, and regional entities to conserve
the natural resources of the state and protect the quality of its environment.374 The legislature also found that cooperation
among these groups enhances conservation policies.375 The legislature specifically found that discouragement of develop-
ment “where it may impair or destroy natural resources or environmental qualities that are vital to the health and well-
being” of New Jersey citizens is in the public interest.376 The State Plan is intended to prevent sprawl.377
The State Plan is intended to represent a balance between development and conservation objectives.378 Natural
resources of the state must be protected in the plan’s design.379 The plan must consider input from state, county, and
municipal entities concerning their land use, environmental, capital, and economic development plans, including any state
plans concerning natural resources.380 The plan must identify areas for growth, limited growth, agriculture, and open space
conservation.381 Planning activities must be coordinated and statewide planning objectives must be established in the area
of natural resource conservation.382
The State Plan must “[p]rotect the natural resources and qualities of the State. . ..”383 These include “agricultural devel-
opment areas, fresh and saltwater wetlands, flood plains, stream corridors, aquifer recharge areas, steep slopes, areas of
unique flora and fauna, and areas with scenic, historic, cultural and recreational values.”384

LOCAL PLANNING PROVISIONS IN GROWTH MANAGEMENT LAWS

Local Planning Requirements

Municipal planning boards are authorized but not required to adopt master plans.385 County planning boards are also
authorized but are required to prepare and adopt master plans.386

Mandatory Local Plan Elements Related to Biodiversity

The Municipal Land Use Law387 encourages municipalities to develop and use land appropriately.388 Among the
statute’s purposes are the preservation of the environment, provision of adequate open space, and prevention of urban
sprawl and degradation of the environment.389 If a master plan is enacted, it must contain certain elements, including a
conservation element “where appropriate.” This conservation element must provide for the “preservation, conservation,
and utilization of natural resources.”390 Natural resources include “energy, open space, water supply, forests, soil, marshes,
wetlands, harbors, rivers and other waters, fisheries, [and] endangered or threatened species wildlife.”391 A land use plan
element must also be included in the master plan, which must take into account marshes and woodlands.392
 APPENDIX | 39

Discretionary Local Plan Elements Related To Biodiversity

County master plans may include “the general location and extent of forests . . . and areas for conservation. . ..”393

Additional Local Authorities and Responsibilities Related to Biodiversity

Whenever the environmental commission (a municipal advisory committee)394 has prepared and submitted to the
planning board of the municipality an index of the natural resources of the municipality, the planning board must make
every application for development submitted to it available to the environmental commission.395 Failure of the planning
board to do so does not invalidate any hearing or proceeding.396

Mechanisms for Monitoring and Enforcing Local Compliance

Funding Restrictions on Localities
Not Applicable

Review of Local Plans

The State Planning Commission reviews State and local planning procedures.397

State Assistance to Localities

The Office of State Planning provides advice and assistance to county and local planning units.398
40 | PLANNING FOR BIODIVERSITY

NEW MEXICO

LAND USE PLANNING AUTHORITIES

Municipalities are authorized to establish planning commissions. If established, planning commissions are required
to adopt master plans.399 Regional planning commissions are also authorized and if established, regional planning com-
missions are required to adopt master plans.400 In contrast, counties are authorized to establish commissions, which are
authorized, but not required, to adopt master plans.401

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

An Office of Policy and Planning coordinates planning activities among state agencies.402
 APPENDIX | 41

NEW YORK

LAND USE PLANNING AUTHORITIES

Cities, villages, towns, and counties are authorized to plan and create master plans; plans are authorized but not
required.403 Similarly, regional planning boards are authorized and adoption of comprehensive plans is authorized but not
required.404

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Critical and Sensitive Areas—City master plans must include sensitive environmental areas.405

Natural Resources—City master plans must include the consideration of coastal and natural resources.406

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

Not Applicable
42 | PLANNING FOR BIODIVERSITY

NORTH CAROLINA

LAND USE PLANNING AUTHORITIES

Municipalities,407 counties,408 and regions are authorized to plan.409 Comprehensive plans are authorized but not
required.

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

The Land Policy Act requires enactment of a comprehensive state land policy. The Act creates a Land Policy Council
to assist local governments with planning issues and to coordinate land use policies in the state.410 In addition, the
Balanced Growth Policy Act 411 requires the development of a policy to balance growth in conjunction with the use of nat-
ural resources.412
 APPENDIX | 43

NORTH DAKOTA

LAND USE PLANNING AUTHORITIES

Cities,413 townships,414 and counties415 are authorized to plan; comprehensive plans are authorized but not required.
Regional planning councils are also authorized but, if established, are required to adopt comprehensive plans.416

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Open Space—City master plans must include the location of open spaces.417

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

Not Applicable
44 | PLANNING FOR BIODIVERSITY

OHIO

LAND USE PLANNING AUTHORITIES

Municipal planning commissions are authorized. If established, municipal planning commissions are required to
adopt comprehensive plans.418 In contrast, county planning commissions are authorized and comprehensive plans are
authorized but not required.419 Similarly, regional planning commissions are authorized and plans are authorized but not
required.420

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Natural Resources—County and regional comprehensive plans must contain information regarding “general location
and extent of areas for conservation and development of natural resources and the control of the environment.”421

Open Space—Municipal comprehensive plans must include the location of open spaces.422

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

The Development Department provides planning assistance to local planning authorities, and is required to prepare
comprehensive plans for the growth and development of state resources.423
 APPENDIX | 45

OKLAHOMA

LAND USE PLANNING AUTHORITIES

Cities are authorized to appoint municipal planning commissions. If established, municipal planning commissions
are required to adopt master plans.424 Counties are authorized to appoint planning commissions. Plans are required for
counties with large populations.425 Metropolitan planning commissions (cooperative commissions between cities and
counties) are authorized. If established, they are required to adopt master plans. Regional planning is authorized and
master plans are required.426

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Natural Resources—Metropolitan area planning commissions must develop their master plans to “conserve the nat-
ural resources of the area.”427

Open Space—Master plans of municipalities with a population over 200,000 must include the location of open
spaces.428

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Natural Resources—County master plans may include location of forests, wildlife refuges, and “projects affecting con-
servation of natural resources.”429

Wildlife Habitat—County master plans may include the location of forests and wildlife refuges.430

OTHER INFORMATION

Not Applicable
46 | PLANNING FOR BIODIVERSITY

OREGON

STATE-LEVEL AUTHORITIES AND RESPONSIBILITIES

Oregon’s statewide planning statute, the Land Use Planning Act (Act), requires cities and counties to prepare compre-
hensive land use plans that must comply with state established goals.431 In preparing statewide goals and guidelines, the
Department of Land Conservation and Development (Department) must consider, among others, tide, marsh, and wet-
land areas; lakes and lakeshore areas; wilderness and scenic areas; wild and scenic rivers; unique wildlife habitats; and agri-
cultural lands.432 Pursuant to the statute, Oregon has adopted 19 goals, several of which are related to biodiversity that are
set out in the Oregon Administrative Rules. One of these goals is to “conserve open space and protect natural and scenic
resources.” Other goals include protection of air and water quality, estuary and coastal management and ocean resources,
and establishment of urban growth boundaries. Each goal contains a description of the resource to be protected, guide-
lines for planning and guidelines for implementation.433 Lands administered under the Oregon Forest Practices Act434 and
wetland conservation plans approved by the director of the Division of State Lands435 are exempt from the Act.
The Land Conservation and Development Commission may recommend areas to be designated as “areas of state crit-
ical concern” to the Joint Legislative Committee on Land Use.436 In some cases, such recommendations may be based on
the recommendation of a state agency or local government.437 The commission’s recommendations must include the rea-
sons for the implementation of additional state regulations for the area. The recommendations also may include the fol-
lowing: a management plan for the area indicating the programs and regulations of state and local agencies, if any, unaf-
fected by the proposed state regulations for the area; permissible use limitations for all or part of the area; permissible use
standards for all or part of the lands within the area; and standards for issuance or denial of designated state or local per-
mits regulating specified uses of lands in the area.438 Upon receiving a recommendation from the commission, the Joint
Legislative Committee is required to review and make a recommendation to the Legislative Assembly, which may adopt,
amend, or reject the proposed designation.439 The law also provides for enforcement measures to enjoin activities that are
not in accordance with the state’s regulations for areas of state critical concern.440

LOCAL PLANNING PROVISIONS IN GROWTH MANAGEMENT LAWS

Local Planning Requirements

Local governments and special districts are required to adopt comprehensive plans that are considered a “generalized
co-ordinated land use map and policy statement” that interrelate all “functional and natural systems and activities” relat-
ed to land use. Land use includes water, both surface and subsurface, and air.441

Mandatory Local Plan Elements Related to Biodiversity

In addition to reflecting statewide planning goals, local comprehensive plans must contain policy statements concern-
ing the natural systems and activities relating to land use, as well as natural resources management programs.442 Each plan
must also contain a set of implementing measures, such as zoning and subdivision ordinances.

Discretionary Local Plan Elements Related To Biodiversity

Not Applicable

Additional Local Authorities and Responsibilities Related to Biodiversity

Counties must report to the Department of Land Conservation and Development (Department) on their actions
involving land zoned for forest use.443 Counties must also prioritize land to be included with urban growth boundaries,
with consideration given to certain resource lands.444 In addition, land subject to open space tax assessment must be
removed from the buildable lands inventory maintained by local governments.445
Metropolitan service districts must report performance measures to the Department every two years. The measures
must analyze the amount of environmentally sensitive land that is protected and the amount of such land developed.446
 APPENDIX | 47

In addition, destination resort sites must designate at least 50 percent of their land as open space or land preserved
in its natural condition.447 Destination resorts may not be sited in unique or prime farmland, predominantly forest land,
in the Colombia River Gorge National Scenic Areas, or in “especially sensitive big game habitat.”448 They must be com-
patible with the site and adjacent land uses and retain important natural features, including habitat of threatened or
endangered species, and wetlands.449 If a tract to be used as a destination resort contains a site designated for protection
in a comprehensive plan, the tract must be preserved with a conservation easement.450

Mechanisms for Monitoring and Enforcing Local Compliance

Funding Restrictions on Localities
Not Applicable

Review of Local Plans

The Commission reviews local comprehensive plans to ensure compliance.451 The commission adopts the goals
created by the Department, certifies or “acknowledges” local comprehensive plans, and can order actions by local govern-
ments to bring comprehensive plans into compliance.452

State Assistance to Localities

Not Applicable
48 | PLANNING FOR BIODIVERSITY

PENNSYLVANIA

LAND USE PLANNING AUTHORITIES

Municipal and county planning is authorized. Municipal comprehensive plans are authorized but not required.453
County comprehensive plans are required.454

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Natural Resources—Municipal, multi-municipal, and county comprehensive plans must include a plan to protect nat-
ural resources, including wetlands and aquifer recharge zones, woodlands, steep slopes, prime agricultural land, flood
plains, unique natural areas, and historic sites.455 The plans must also be consistent with several state statutes including
the Clean Streams Law and Agricultural Area Security Law.456 In addition, county plans must identify land uses as they
relate to important natural resources.457

Miscellaneous—Plans must also include a “statement of the interrelationship among the various plan components,
which may include an estimate of the environmental . . . consequences on the municipality.”458

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Open Space—Counties and municipalities are authorized to create “locally designated growth areas” in their compre-
hensive plans and promote the use of transferable development rights as a method of preserving open space and farm-
land.459

Miscellaneous—The land use element of local comprehensive plans may include provisions for the “amount, intensi-
ty, character and timing of land use proposed for . . . parks and recreation [and] preservation of prime agricultural lands.”460

OTHER INFORMATION

The municipal planning code provides that “wherever the provisions of this act promote, encourage, require or autho-
rize governing bodies to protect, preserve or conserve open land, consisting of natural resources, forests and woodlands,
any actions taken to protect, preserve or conserve such land shall not be for the purposes of precluding access for
forestry.”461
The Governor’s Center for Local Government Services awards grant funding on a competitive basis to municipalities
seeking to prepare or update comprehensive plans, with preference to municipalities engaging in cooperative planning
with adjacent municipalities.462
 APPENDIX | 49

RHODE ISLAND

STATE-LEVEL AUTHORITIES AND RESPONSIBILITIES

Comprehensive planning occurs at both the state and local levels of government in Rhode Island. Rhode Island’s
Comprehensive Planning and Land Use Regulation Act (Act)463 requires cities and towns to plan for their long-term phys-
ical development.464 Municipalities exercise planning authority over total land and inland water area within their juris-
dictions.465 State agencies’ programs and projects must conform to approved municipal plans.466
All local plans must comply with the guidelines in the Act and the State Guide Plan (Plan).467 The plan includes goals,
policies, and plans or plan elements for the physical, economic, and social development of the state, including natural
resources, and recreation and open space elements.468 State goals include promotion and protection of the natural
resources and preservation of the open space of each municipality and the state.469 Plans for future use must protect nat-
ural resources and preserve and protect open space.470 In addition, the plan must contain functional elements dealing with
environmental concerns.471
The Office of Statewide Planning prepares and monitors long-range plans of the state. The State Planning Council
adopts components of these plans as elements in the plan.472 It also adopts a state strategic plan and coordinates state
agency planning activities. The State Planning Council consists of several members including two representatives of pri-
vate, nonprofit environmental advocacy organizations. The Speaker of the House appoints one and the Senate Majority
Leader appoints the other.473

LOCAL PLANNING PROVISIONS IN GROWTH MANAGEMENT LAWS

Local Planning Requirements

Cities and towns are required to plan for long term physical development.474 Their plans must comply with the guide-
lines in the Act and the plan.475

Mandatory Local Plan Elements Related to Biodiversity

Required elements of local comprehensive plans include a land use plan element that must designate the proposed
distribution, location and interrelationship of land use for several different uses including open space.476 A natural and
cultural resources element must also be contained in the plan. This element “provides an inventory of the significant nat-
ural resources areas” including water, soils, prime agricultural lands, natural vegetation systems, wildlife, watersheds, wet-
lands, aquifers, coastal features, flood plains, and other natural resources.477 Plans must also include an open space and
recreation element. This element contains an inventory of open space areas and an analysis of forecasted needs and poli-
cies for the management and protection of open space areas.478

Discretionary Local Plan Elements Related To Biodiversity

Not Applicable

Additional Local Authorities and Responsibilities Related to Biodiversity

Not Applicable

Mechanisms for Monitoring and Enforcing Local Compliance

Funding Restrictions on Localities
Not Applicable

Review of Local Plans

The state has the authority to review local plans to insure consistency with state goals and policies and the State
Guide Plan.479
50 | PLANNING FOR BIODIVERSITY

State Assistance to Localities

The Act establishes a program of technical and financial assistance to municipalities to encourage and facilitate the
adoption and implementation of comprehensive planning throughout the state.480
 APPENDIX | 51

SOUTH CAROLINA

LAND USE PLANNING AUTHORITIES

Counties, municipalities, and cooperative units are authorized to establish planning commissions. If established,
planning commissions are required to adopt comprehensive plans.481

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Natural Resources—Municipal, county, and cooperative unit comprehensive plans must include a natural resources
element that includes coastal resources, scenic views and sites, and wetlands. The plans must also contain a land use ele-
ment that includes consideration of forest lands.482

Open Space—County, municipal, and cooperative unit comprehensive plans must contain a land use element that
includes consideration of open space lands.483

Wildlife Habitat—County, municipal, and cooperative unit comprehensive plans must contain a natural resources
element that includes plant and animal habitats.484

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

Not Applicable
52 | PLANNING FOR BIODIVERSITY

SOUTH DAKOTA

LAND USE PLANNING AUTHORITIES

Municipalities are required to establish planning commissions which must adopt comprehensive plans before zoning
ordinances can apply.485 In contrast, counties acting in either a planning or zoning capacity must establish county plan-
ning commissions, but the adoption of comprehensive plans is authorized, not required.486

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Miscellaneous—County comprehensive plans are defined as documents that describe the goals, policies, and objec-
tives of a planning board “to interrelate all functional and natural systems and activities relating to the development” of
the territory in a board’s jurisdiction.487

OTHER INFORMATION

The Bureau of Intergovernmental Relations provides planning assistance to local governments,488 and is required to
develop a comprehensive development plan for the state with the cooperation of local governments.489
 APPENDIX | 53

TENNESSEE

STATE-LEVEL AUTHORITIES AND RESPONSIBILITIES

Local entities are responsible for land use planning in Tennessee, subject to state requirements for comprehensive
planning. Tennessee’s growth management law490 requires each county to file a growth plan based upon specific require-
ments established by statute.491 Counties with metropolitan forms of government are exempt; however, municipalities
that lie within such counties and another county must establish an urban growth boundary in conjunction with the coun-
ty not having a metropolitan form of government.492 The state’s growth policy is, in part, to minimize urban sprawl.493
The stated purpose of the plans is to “direct the coordinated, efficient, and orderly development of the local govern-
ment and its environs that will . . . best promote the public health, safety, morals and general welfare.”494 The growth plan
must set forth “municipal corporate limits, as well as urban growth boundaries, planned growth areas, if any, and rural
areas, if any.”495 Growth boundaries, planned growth areas, and rural areas are defined terms, each requiring conformance
with certain statutory provisions and approval pursuant to statutory requirements.496 Eight planning goals must be includ-
ed in growth plans.497
Each plan must be ratified by the county and each municipality within the county. The plan is then sent to the Local
Government Planning Advisory Committee, which receives and approves the local growth plans.498

LOCAL PLANNING PROVISIONS IN GROWTH MANAGEMENT LAWS

Local Planning Requirements

Most counties in the state are required to submit a growth plan499 with mandatory elements.500 In addition, munici-
pal planning commissions are authorized and must adopt a general plan for the physical development of the municipali-
ty.501

Mandatory Local Plan Elements Related to Biodiversity

Coordinating committees in most counties must develop a recommended growth plan that includes municipal cor-
porate limits, as well as urban growth boundaries, and any planned growth or rural areas.502 The statute requires that
urban growth boundaries reflect the duty of municipalities to facilitate full development of resources within their current
boundaries and manage and control urban expansion outside current boundaries, taking into account the “impact to agri-
cultural lands, forests, recreational areas and wildlife management areas.”503 Before proposing an urban growth boundary,
a municipality must examine and report on the agricultural lands, forests, recreational areas, and wildlife management
areas within the territory under consideration for inclusion within the boundary regarding “the likely long-term effects of
urban expansion” on those areas.504
Planned growth areas must reflect the county’s duty to “manage natural resources and to manage and control urban
growth, taking into account the impact to the agricultural lands, forests, recreational areas and wildlife management
areas.”505 Before making a formal proposal of any planned growth area to the coordinating committee, the county must
address a number of issues, including the likely long-term effects of urban expansion on agricultural lands, forests, recre-
ational areas, and wildlife management areas within the territory under consideration for inclusion.506 Rural areas must
identify territory “to be preserved as agricultural lands, forests, recreational areas, wildlife management areas or uses other
than high density commercial, industrial or residential,”507 and “reflect the county’s duty to manage growth and natural
resources in a manner which reasonably minimizes detrimental impact to agricultural lands, forests, recreational areas, and
wildlife management areas.508

Discretionary Local Plan Elements Related To Biodiversity

Not Applicable

Additional Local Authorities and Responsibilities Related to Biodiversity

Not Applicable
54 | PLANNING FOR BIODIVERSITY

Mechanisms for Monitoring and Enforcing Local Compliance

Funding Restrictions on Localities
Counties and municipalities with approved growth plans may receive an increase in evaluation points in formu-
las used to determine allocation of certain funds.509 In addition, certain grants are unavailable if a locality does not have
an approved growth plan.510

Review of Local Plans

Each plan is sent to the Local Government Planning Advisory Committee, which approves the local growth
plans.511 This committee is appointed by the governor, and is composed of seven officers of local governments.512

State Assistance to Localities

Not Applicable
 APPENDIX | 55

TEXAS

LAND USE PLANNING AUTHORITIES

Municipalities with certain populations are authorized to establish Municipal Boards of Development, which are
authorized but not required to adopt comprehensive plans.513 Similarly, regional planning commissions are authorized
and master plans are authorized but not required.514 In contrast, joint planning commissions between municipalities are
authorized and, if established, are required to adopt master plans.515

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

Not Applicable
56 | PLANNING FOR BIODIVERSITY

UTAH

LAND USE PLANNING AUTHORITIES

Municipalities are authorized to establish planning commissions. If established, planning commissions are required
to adopt general plans.516 Counties not included within a municipality are authorized to establish planning commissions.
Such planning commissions are required to adopt general plans. Counties included within a municipality, however, are
authorized, but not required, to adopt general plans.517

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Wildlife Habitat—Municipal and county general plans must identify land for wildlife habitat.518

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Natural Resources—Municipal519 and county520 general plans may include an element addressing “the protection, con-
servation, development, and use of natural resources” including forests, rivers, fisheries, and wildlife.

OTHER INFORMATION

The Quality Growth Act establishes a commission to advise the legislature and local governments on planning
issues.521 A State Planning Coordinator is appointed by the governor to advise the governor on land use issues and review
plans from local governments.522
 APPENDIX | 57

VERMONT

STATE-LEVEL AUTHORITIES AND RESPONSIBILITIES

The Vermont Planning and Development Act (Act)523 authorizes municipal plans, requires regional plans, and
requires certain state agencies to plan continually. It encourages appropriate development of all lands in the state through
its municipalities and regions, with the state’s aid and assistance.524
Specifically, any municipality may undertake a comprehensive planning program and adopt plans that may be con-
sistent with the goals established in the Act.525 Regional planning commissions created by the statute must prepare region-
al plans, in accordance with these goals.526 State agencies with programs or actions affecting land use must engage in a
continuing planning process.527 These state agencies programs and actions must be consistent with the goals of the Act
and must be “compatible with regional and approved municipal plans.”528
The goals set out in the Act include consideration of the use of resources and consequences of growth.529 Growth
plans must plan development so that compact villages and urban centers are separated by rural countryside.530 Plans must
provide a strong and diverse economy that maintains high environmental standards, and provide transportation systems
that respect the integrity of the natural environment, including paths for pedestrians and bicyclists.531 Plans must identi-
fy, protect, and preserve important natural features of the landscape including: significant natural and fragile areas; out-
standing water resources including lakes, rivers, aquifers, shorelands, and wetlands; and significant scenic roads, water-
ways, and views.532 Plans must also maintain and improve the quality of air, water, wildlife, and land resources.533
Requirements also include facilitating the appropriate extraction of earth resources and properly restoring and preserving
the aesthetic qualities of such areas.534 Public access to noncommercial outdoor recreational opportunities, such as lake
and hiking trails should be identified, provided, and protected wherever appropriate.535
The State Environmental Review Board is required to adopt a “capability and development plan consistent with the
interim land capability plan.” The purpose of the plan is to guide and accomplish development of the state in a manner
that will, among other things, best promote the health of the inhabitants, as well as efficiency and economy in the pro-
cess of development. This includes, but is not limited to, the distribution of populations and uses of land for urbaniza-
tion, recreation, agriculture, and forestry and other uses in a manner that will, among other things, tend to reduce “the
wastes of financial and human resources which result from either excessive congestion or excessive scattering of popula-
tions” and also tend toward “conservation and production of the supply of food, water and minerals.” In addition, the
plan “may accomplish” the goals set out in the Act.536 The plan must be approved by the Governor and adopted by the
General Assembly.537

LOCAL PLANNING PROVISIONS IN GROWTH MANAGEMENT LAWS

Local Planning Requirements

Municipal plans are authorized but not required.538 Regional planning commissions are established by statute and are
required to develop plans.539

Mandatory Local Plan Elements Related to Biodiversity

Any municipality which adopts a plan may ensure that the plan is consistent with certain goals established by statute,
as discussed above, and that the plan is compatible with other municipal plans which have been approved, as well as with
the regional plan.540 The municipal plan must contain, among other elements: a statement of objectives, policies, and
programs to “guide future growth and development . . . and to protect the environment;” a land use plan indicating those
areas proposed for open spaces reserved for flood plain, wetland protection, or other conservation purposes; a transporta-
tion plan; and a “statement of policies on the preservation of rare and irreplaceable natural areas, and scenic and historic
features and resources.”541 When considering an amendment to the municipal plan that alters the designation of any land
area, the planning commission must address, among other things, the amount of vacant land already subject to the pro-
posed new designation and actually available for that purpose, as well as the suitability of the area in question as related
to appropriate alternative locations.542
58 | PLANNING FOR BIODIVERSITY

Regional plans must be consistent with the goals established in the Act. In addition, regional plans must contain a
statement of basic policies of the region “to guide the future growth and development of land . . . and to protect the envi-
ronment.”543 Plans must also contain a land use element indicating areas proposed for “forests, recreation, agriculture . .
., residence, commerce, industry, public and semi-public uses, open spaces and areas . . . which require special considera-
tion for aquifer protection, wetland protection, or for other conservation purposes.”544 In addition, when preparing a
regional plan, regional planning commissions must include identification of areas of regional significance, which may
include rare and irreplaceable natural areas and scenic areas.545

Discretionary Local Plan Elements Related To Biodiversity

Not Applicable

Additional Local Authorities and Responsibilities Related to Biodiversity

Any regional planning commission may undertake studies and make recommendations on scenic preservation and
wetland protection.546 It may carry out, with the cooperation of municipalities within the region, economic development
programs for the protection and preservation of the region’s physical resources.547 In addition, regional planning commis-
sions advise and assist municipalities within their regions in the various facets of plan development.548 The Council of
Regional Commissions549 provides a number of services to municipalities, regional planning commissions, and state agen-
cies. The council mediates between municipalities or state agencies, and regional planning commissions to resolve dis-
agreements,550 and reviews proposed regional plans and state agency plans.551
In addition, although not part of the growth management law, Vermont’s so-called “Act 250” includes several biodi-
versity-related provisions. Act 250 dictates that before granting a permit for a subdivision or development, the environ-
mental board or district environmental commission must demonstrate that the project will not have an undue adverse
effect on 10 criteria. Criteria 8 states that the proposed activity “[w]ill not have an undue adverse effect on the scenic or
natural beauty of the area, aesthetics, historic sites or rare and irreplaceable natural areas.”552 A related criteria, addresses
the proposed project’s effect on “necessary wildlife habitat and endangered species,”553 defined as “concentrated habitat
which is identifiable and is demonstrated as being decisive to the survival of a species of wildlife at any period in its life
including breeding and migratory periods.”554

Mechanisms for Monitoring and Enforcing Local Compliance

Funding Restrictions on Localities
Not Applicable

Review of Local Plans

The Council of Regional Commissions reviews proposed regional plans and state agency plans to determine
whether the plans contain the elements required by law, are consistent with the goals of the planning statute, and are com-
patible with other authorized plans.555

State Assistance to Localities

The Act does not provide for the state to assist directly localities, but as discussed, regional planning commissions
advise and assist municipalities within their regions on the various facets of plan development.556 In addition, the Council
of Regional Commissions557 provides services to municipalities and regional planning commissions.
 APPENDIX | 59

VIRGINIA

LAND USE PLANNING AUTHORITIES

Counties and municipalities (separately or jointly) are required to establish planning commissions.558 Planning com-
missions are required to adopt comprehensive plans.559 In contrast, regional planning district commissions are authorized
and, if established, are required to adopt regional strategic plans.560

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Miscellaneous—Regional strategic plans prepared by regional planning district commissions must contain “environ-
mental management” elements.561

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Natural Resources—Municipal and county comprehensive plans may include areas designated for conservation and
identification of forests.562

OTHER INFORMATION

Not Applicable
60 | PLANNING FOR BIODIVERSITY

WASHINGTON

STATE-LEVEL AUTHORITIES AND RESPONSIBILITIES

The State of Washington provides oversight and coordination of regional and local planning. The purpose of the
Growth Management Act (Act) is to establish common goals and coordinate and plan growth. Certain counties and cities
that have experienced increased growth are subject to the Act, and are required to adopt comprehensive plans and regula-
tions in accordance with state goals.563 State goals under the Act include encouraging economic development within the
capacities of the state’s natural resources, maintaining and enhancing natural resource-based industries, retention of open
space, conservation of fish and wildlife habitat, and protection of the environment.564 State agencies are required to com-
ply with local comprehensive plans and development regulations.565
In addition, localities are also governed by the Planning Enabling Act566 and Planning Commission Act,567 which con-
tain local comprehensive planning requirements, some of which are related to biodiversity protection.

LOCAL PLANNING PROVISIONS IN GROWTH MANAGEMENT LAWS

Local Planning Requirements

Under the Act, certain counties (depending on size and population growth rate) and cities within those counties must
adopt a planning policy, comprehensive plan, and designate critical areas, agricultural lands, forests and mineral resource
lands, and urban growth areas. Counties and cities that are not bound by the Act may opt into it.568
The Planning Enabling Act, authorizes counties to plan and requires preparation of a comprehensive plan.569 The
Planning Commission Act authorizes cities and counties to create planning commissions,570 and requires that each com-
mission prepare a comprehensive plan to facilitate coordinated development.571

Mandatory Local Plan Elements Related to Biodiversity

Counties covered by the Act are required to: adopt a planning policy that designates critical areas, agricultural lands,
forest lands, and mineral resource lands; designate urban growth areas; and adopt a comprehensive plan.572 The compre-
hensive plan must contain a land use element, a capital facilities plan, a utilities element, a rural element, and a transporta-
tion element, among other elements.573 In March, 2002, the State Legislature added two additional mandatory elements:
economic development and parks.574 The land use element designates proposed land uses, population densities, building
densities, and population growth estimates.575 The rural element includes lands “not designated for urban growth, agri-
culture, forest or mineral resources,”576 and must include measures to “protect the rural character of the area.”577 It must
do this by protecting critical areas, among other considerations.578 Critical areas include certain areas and ecosystems such
as wetlands and fish and wildlife habitat conservation areas.579 The best available science must be used to designate and
protect critical areas and “special consideration” must be given to preserve or enhance anadromous fisheries.580
Counties and cities located within the counties’ borders must adopt regulations conserving agricultural and forest
lands and protecting designated critical areas.581 To assist cities and counties in designating agricultural, forest, and min-
eral resource lands and critical areas, the state must consult “representatives of environmental organizations.”582 Every
comprehensive plan must also designate urban growth areas to mitigate impacts on agriculture, forest, and mineral
resource lands,583 and must identify open space corridors within and between urban growth areas. These corridors include
lands for recreation, wildlife habitat, trails, and critical area connections. These lands can be acquired by a government
entity by donation or purchase. The use of these lands is not restricted by their identification as open space corridors.584
The goals and policies of the Shoreline Management Act585 are considered an element of county and city comprehensive
plan. The other portions of the shoreline master program are considered a part of county and city development regula-
tions.586 Even counties, and the cities within them, that are not covered by the Act are required to designate resource lands
and critical areas pursuant to the statute and to adopt development regulations to conserve resource lands and protect crit-
ical areas.587
The Planning Enabling Act,588 requires that county comprehensive plans include a land use element and circulation
element.589 The Planning Commission Act requires that each city and county comprehensive plan include conservation
of natural resources.590
 APPENDIX | 61

Discretionary Local Plan Elements Related To Biodiversity

Comprehensive plans under the Act may include additional elements including, but not limited to, conservation.591
Counties may authorize “fully contained communities” and “major industrial developments” located outside the initial
urban growth areas if: environmental protection has been addressed and provided for; provisions made to “mitigate
impacts on designated agricultural and forest lands;” and the fully contained community or major industrial development
is consistent with protection of critical areas.592 Similarly, counties may authorize “master planned resorts,” if the resort
plan is consistent with the development regulations established for critical areas.593
As noted, counties that are not subject to the planning requirements of the Act can choose to operate under those
provisions, including provisions related to local plan elements. In addition, the Planning Enabling Act allows for 11 com-
prehensive elements in county plans, including conservation and recreation elements.594

Additional Local Authorities and Responsibilities Related to Biodiversity

Resolution of disputes regarding compliance with the goals and requirements of the Act are adjudicated by three
regional growth management hearing boards.595

Mechanisms for Monitoring and Enforcing Local Compliance

Funding Restrictions on Localities
Not Applicable

Review of Local Plans

A Growth Strategies Commission, created by the Act, ensured that comprehensive plans were consistent with the
goals of the Act.596 As noted, resolution of disputes regarding compliance with the goals and requirements of the Act are
adjudicated by three regional growth management hearing boards.597

State Assistance to Localities

The Department of Community, Trade, and Economic Development provides local comprehensive planning techni-
cal and financial assistance to cities and counties.598
62 | PLANNING FOR BIODIVERSITY

WEST VIRGINIA

LAND USE PLANNING AUTHORITIES

Municipalities and counties are authorized to establish local planning commissions. If established, local planning
commissions are required to adopt comprehensive plans.599 Regional planning commissions may be established by the gov-
ernor and, if established, are authorized, but not required, to adopt comprehensive plans.600

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Environmental Planning—Regional plans must contain environmental protection plans.601

Natural Resources—Municipal and county comprehensive plans must include information on forests and “open-
development areas for purposes of conservation.”602

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Natural Resources—Municipal and county comprehensive plans may include studies on forests.603

Wildlife Habitat—Municipal and county comprehensive plans may include studies on forests and wildlife refuges.604

OTHER INFORMATION

The governor is required to prepare statewide plans identifying state goals and considering local and regional plans.
Regional planning commissions may be established by the governor. The governor may approve or reject plans prepared
by commissions.605
 APPENDIX | 63

WISCONSIN

LAND USE PLANNING AUTHORITIES

Cities are authorized to plan and establish City Plan Commissions. If established, City Plan Commissions are
required to adopt master plans.606 Similarly, counties are authorized to plan and establish planning commissions. If estab-
lished, county planning commissions are required to adopt development plans.607 Towns are authorized to plan if the
county has not adopted a zoning ordinance.608 Regional planning commissions are authorized and, if established, must
adopt master plans.609

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

OTHER INFORMATION

State statutes set forth goals for local comprehensive planning. These goals include “protection of natural areas, such
as wetlands, wildlife habitats, lakes, woodlands, open space and groundwater resources.”610
64 | PLANNING FOR BIODIVERSITY

WYOMING

LAND USE PLANNING AUTHORITIES

Municipalities are authorized to establish planning commissions. If established, planning commissions are required
to adopt master plans.611 In contrast, counties are authorized to establish planning commissions, and master plans are
authorized but not required.612

MANDATORY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Not Applicable

DISCRETIONARY LOCAL PLAN ELEMENTS RELATED TO BIODIVERSITY

Open Space—Municipal master plans may include the location of public grounds, places, and spaces.613

Natural Resources—Municipal master plans may include the location of waterways.614

OTHER INFORMATION

The Wyoming State Land Use Commission is responsible for overseeing land use planning. The commission, which
is appointed by the governor, is required to develop a state land use plan. The plan can include designation of “areas of
critical or more than local concern” where significant damage to the environment could occur.615 The commission also is
required to assist local governments with land use planning.616
 APPENDIX | 65

ENDNOTES

1. Ala. Code §§ 11-52-2, 11-52-8

2. Ala. Code §§ 11-85-1, 11-85-4
3. Ala. Code § 11-52-8
4. Ala. Code §§ 41-9-208, 41-9-211
5. Alaska Stat. §§ 29.35.180, 29.35.220, 29.40.020(a), (b)(1)
6. Ariz. Rev. Stat. Ann. §§ 9-461.01 A, B(1), 9-461.05
7. Ariz. Rev. Stat. Ann. §§ 11-802, 806 B
8. Ariz. Rev. Stat. Ann. § 9-461.05 D(3)
9. Ariz. Rev. Stat. Ann. § 9-461.05 E(1)
10. Ariz. Rev. Stat. Ann. § 11-806 B
11. Ariz. Rev. Stat. Ann. § 9-461.05 D(1)
12. Ariz. Rev. Stat. Ann. § 9-461.05 D(3)
13. Ariz. Rev. Stat. Ann. § 9-461.05 E(1)
14. Ariz. Rev. Stat. Ann. § 9-461.05 D(1)
15. Ariz. Rev. Stat. Ann. § 11-806 B
16. Ariz. Rev. Stat. Ann. § 11-806 B
17. Ariz. Rev. Stat. Ann. §37-331 et seq.
18. Ark. Code Ann. §§ 14-17-201, -203
19. Ark. Code Ann. §§ 14-56-401, -404
20. Ark. Code Ann. §§ 14-17-206(b), -402
21. Ark. Code Ann. §§ 14-56-501, -507(a)(1)
22. Ark. Code Ann. § 14-17-206(b)(2), (c)(1)
23. Ark. Code Ann. §§ 14-17-206(b)(1), -414(b)(1)(B)
24. Ark. Code Ann. § 14-56-414(b)(1)(A)
25. Cal. Gov’t Code § 65040 et seq.
26. Cal. Gov’t Code § 65040(a)
27. Cal. Gov’t Code § 65040(f)(m)
28. Cal. Gov’t Code § 65300
29. Cal. Gov’t Code § 65100 et seq.
30. Cal. Gov’t Code § 65302(a), (d), (e)
31. Cal. Gov’t Code § 65040.12(c)
32. Cal. Gov’t Code § 65302(a)
33. Cal. Gov’t Code § 65302(d)
34. Cal. Gov’t Code §§ 65302(e), 65560
35. Cal. Gov’t Code § 65100 et seq.
36. Cal. Gov’t Code § 65303
37. Cal. Gov’t Code § 65450
38. Cal. Gov’t Code § 65040 et seq.
39. Colo. Rev. Stat. §§ 30-28-103, -105, -106(1), (2)
40. Colo. Rev. Stat. § 31-23-206 (1), (3)
41. Colo. Rev. Stat. §§ 30-28-106(3)(a)(xi), 31-23-206(1)(k)
42. Colo. Rev. Stat. §§ 30-28-106(3)(a)(ii), 31-23-106(1)(b)
43. Id.
44. Colo. Rev. Stat. § 30-28-106(3)(a)(xi), 31-23-206(1)(k)
45. Colo. Rev. Stat. §§ 24-65.1-101, -201(1)
46. Colo. Rev. Stat. §§ 24-32-104, -111
47. Colo. Rev. Stat. § 24-66-103(1), (4)
48. Colo. Rev. Stat. §§ 24-65-103(1)(a), -104(2)(a)
49. Conn. Gen. Stat. § 8-23
50. Conn. Gen. Stat. § 8-31A et seq.
51. Conn. Gen. Stat. § 8-23
52. Conn. Gen. Stat. § 16a-1 et seq.
53. Quality of Life Act, Del. Code Ann. tit. 9 §§ 2651(a)(2), 4951(a)(2), 6951(a)(2)
54. Del. Code Ann. tit. 9 § 2656(g)(1), (4), (5), § 4956(g)(1), (4), (5), § 6956(g)(1), (4), (5)
55. Del. Code Ann. tit. 29, § 9101(a), (c)
56. Del. Code Ann. tit. 29, § 9101(c)(1)
57. Del. Code Ann. tit. 29, § 9101(d)
58. Del. Code Ann. tit. 29 §§ 9101, 9211
59. Del. Code Ann. tit. 29 §§ 2657(b), 4957(b), 6957(b)
60. Del. Code Ann. tit. 29, § 9102(a)
61. Del. Code Ann. tit. 29, §§ 9101(a), 9102(a)
62. Del. Code Ann. tit. 29, § 9102(c)(7)
63. Del. Code Ann. tit. 29, § 9102
64. Del. Code Ann. tit. 29, § 9101(h)
65. Del. Code Ann. tit. 29, § 9101(g)(3)
66. Del. Code Ann. tit. 29, §§ 9211, 9219
67. Del. Code Ann. tit. 29, § 9202(4)
68. Del. Code Ann. tit. 29, § 9214
69. Del. Code Ann. tit. 29, §§ 9215, 9216(a)
70. Del. Code Ann. tit. 29, § 9216(b), (d)(3)
71. Del. Code Ann. tit. 29, § 9219(a)
72. Del. Code Ann. tit. 29, § 9219(b)
73. Del. Code Ann. tit. 29, § 9220(a), (b)
66 | PLANNING FOR BIODIVERSITY
74. Del. Code Ann. tit. 29, § 9226(a)
75. Del. Code Ann. tit. 29, § 9226(b)
76. Del. Code Ann. tit. 29, § 9226(c)
77. Del. Code Ann. tit. 29, § 9226(d)
78. Del. Code Ann. tit. 29, § 9227
79. Del. Code Ann. tit. 29, §§ 9228(b)(4), 9229
80. Del. Code Ann. tit. 29, § 9229
81. Del. Code Ann. tit. 29, § 9230(a)
82. Del. Code Ann. tit. 29, § 9230 (does not apply to certain state agency capital improvement budget and program requests).
83. Del. Code Ann. tit. 29, § 9231(a), (b)
84. Del. Code Ann. tit. 9, §§ 2655(a), 4955(a), 6955(a)
85. Del. Code Ann. tit. 9, §§ 2658(c), 4958(c), 6958(c)
86. Del. Code Ann. tit. 9, §§ 2656(a), 4956(a), 6956(a)
87. Del. Code Ann. tit. 9, §§ 2656(g)(1), 4956(g)(1), 6956(g)(1)
88. Id.
89. Del. Code Ann tit. 9, §§ 2656(g)(4), 4956(g)(4), 6956(g)(4)
90. Id.
91. Del. Code Ann. tit. 9, §§ 2656(g)(5), 4956(g)(5), 6956(g)(5)
92. Del. Code Ann. tit. 9, §§ 2651(a), 4951(a), 6951(a)
93. Del. Code Ann. tit. 29, §§ 9211, 9219
94. Del. Code Ann. tit. 29, §§ 9228(b)(4), 9229
95. Del. Code Ann. tit. 29, § 9213(a)
96. Del. Code Ann. tit. 29, § 9202(6)
97. Del. Code Ann. tit. 29, § 9213(b)
98. Del. Code Ann. tit. 29, § 9219(a)
99. Del. Code Ann. tit. 9, §§ 2658(a), 4958(a), 6958(a), tit. 29, §§ 9101, 9211
100. Del. Code Ann. tit. 9, §§ 2658(c), 4958(c), 6958(c)
101. Del. Code Ann. tit. 29, § 9211
102. Delaware HB 255 (2001)
103. Fla. Stat. Ann. § 163.3161 et seq.
104. Fla. Stat. Ann. §§ 163.3167(1)(b), .3177 (9)(c)
105. Fla. Stat. Ann. § 163.3177(6)(a), (d), (e)
106. Fla. Stat. Ann. § 186.001 et seq.
107. Fla. Stat. Ann. §§ 186.002(2)(b), 186.007(1)
108. Fla. Stat. Ann. § 186.008(4), (5)
109. Fla. Stat. Ann. § 186.004
110. Fla. Stat. Ann. §§ 186.003, .006
111. Fla. Stat. Ann. § 186.007(4)(a)
112. Fla. Stat. Ann. § 186.007(4)(b)
113. Fla. Stat. Ann. § 186.009(1)
114. Fla. Stat. Ann. § 186.009(3)
115. Fla. Stat. Ann. § 186.504(1)
116. Fla. Stat. Ann. § 163.3191(13)
117. Fla. Stat. Ann. § 186.002(1)(a)
118. Fla. Stat. Ann. § 186.009(2)(c), (g), (j), (l)
119. Fla. Stat. Ann. § 186.007(3)
120. Fla. Stat. Ann. § 187.201(7)-(9)
121. Fla. Stat. Ann. § 187.201(7)(b)(4), (7)(b)(6), 7(b)(8)
122. Fla. Stat. Ann. § 187.201(7)(b)(8)
123. Fla. Stat. Ann. § 187.201(7)(b)(14)
124. Fla. Stat. Ann. § 187.201(8)(a)
125. Fla. Stat. Ann. § 187.201(8)(b)(1)
126. Fla. Stat. Ann. § 187.201(8)(b)(4), (b)(9)
127. Fla. Stat. Ann. § 187.201(8)(b)(6)-(8)
128. Fla. Stat. Ann. § 187.201(9)(a)
129. Fla. Stat. Ann. § 187.201(9)(b)(1)
130. Fla. Stat. Ann. § 187.201(9)(b)(2)
131. Fla. Stat. Ann. § 187.201(9)(b)(3)
132. Fla. Stat. Ann. § 187.201(9)(b)(3)-(10), (12)
133. Fla. Stat. Ann. § 186.801(1), (2)(a)-(f)
134. Fla. Stat. Ann. § 380.05(2)(a)
135. Fla. Stat. Ann. § 380.05(2)(a)
136. Fla. Stat. Ann. § 380.05(l)(b)-(c)
137. Fla. Stat. Ann. §§ 380.05(l)(a), 380.031(18)
138. Fla. Stat. Ann. § 380.05(3)
139. Fla. Stat. Ann. § 380.05(5)-(8)
140. Fla. Stat. Ann. §§ 163.3167(1)(b), .3177(9)(c)
141. Fla. Stat. Ann. § 163.3177(6)(a)
142. Fla. Stat. Ann. § 163.3177(6)(d)
143. Fla. Stat. Ann. § 163.3177(6)(e)
144. Id.
145. Fla. Stat. Ann. § 163.3177(6)(g)(2)
146. Fla. Stat. Ann. § 163.3177(6)(g)(3)
147. Fla. Stat. Ann. § 163.3202(1), (2)(b)
148. Fla. Stat. Ann. § 163.3177(7)(f)
149. Fla. Stat. Ann. § 163.3177(11)(d)(1)
150. Fla. Stat. Ann. § 163.3177(11)(d)(2)
151. Fla. Stat. Ann. § 163.3177(11)(d)6.a.
152. Fla. Stat. Ann. § 163.3177(11)(d)(5)
153. Fla. Stat. Ann. § 163.3177(11)(d)8.j.
154. Fla. Stat. Ann. § 186.501 et seq.
155. Fla. Stat. Ann. § 163.3167(3)
 APPENDIX | 67
156. Id.
157. Ga. Code Ann. § 50-8-1 et seq.
158. Ga. Code Ann. § 50-8-7.1(b)(2)
159. Ga. Code Ann. § 50-8-7.1(b)(2)(citing Ga. Code Ann. § 12-2-8)
160. Ga. Code Ann. § 36-70-2(1)
161. Ga. Code Ann. § 12-2-8(b)
162. Ga. Code Ann. § 12-2-8
163. Ga. Code Ann. §§ 12-7-4, 12-5-237(a)
164. Ga. Code Ann. §§ 36-70-1, 50-8-3(a)
165. Ga. Code Ann. §§ 36-70-1, -3
166. Id.
167. Ga. Code Ann. §§ 5-8-32, -35(c)(6)
168. Ga. Code Ann. § 50-8-35(c)(6)
169. Ga. Code Ann. § 50-8-7.1(b)(1)
170. Ga. Code Ann. § 12-2-8(g)(2)
171. Ga. Code Ann. § 12-2-8(g)(3)(B)
172. Ga. Code Ann. § 12-2-8(g)(3)(G)
173. Ga. Code Ann. § 12-2-8(g)(1)(A)
174. Ga. Code Ann. § 12-2-8(f)
175. Ga. Code Ann. § 12-5-440 et seq.
176. Ga. Code Ann. § 50-8-2(a)(18)
177. Haw. Rev. Stat. § 226-52(a)(3), (4)
178. Haw. Rev. Stat. § 226-2
179. Haw. Rev. Stat. § 226-52(a)(3)
180. Haw. Rev. Stat. § 226-52(a)(4)
181. Haw. Rev. Stat. § 226-1
182. Haw. Rev. Stat. § 226-101 et seq.
183. Haw. Rev. Stat. § 226-1 et seq.
184. Haw. Rev. Stat. § 226-101
185. Haw. Rev. Stat. § 226-102
186. Haw. Rev. Stat. § 223-2
187. Haw. Rev. Stat. § 205-2
188. Haw. Rev. Stat. § 226-4(2)
189. Haw. Rev. Stat. § 226-6(b)(2), (14)
190. Haw. Rev. Stat. § 226-9(b)(3)
191. Haw. Rev. Stat. § 226-10(b)(6), (10)
192. Haw. Rev. Stat. § 226-17(b)(10)
193. Haw. Rev. Stat. § 226-23(b)(4)
194. Haw. Rev. Stat. §§ 226-11, -12, -13
195. Haw. Rev. Stat. § 226-11
196. Haw. Rev. Stat. § 226-12
197. Haw. Rev. Stat. § 226-13
198. Haw. Rev. Stat. § 226-11(a)(2)
199. Haw. Rev. Stat. § 226-11(b)(1)
200. Haw. Rev. Stat. § 226-11(b)(2)
201. Haw. Rev. Stat. § 226-11(b)(3)
202. Haw. Rev. Stat. § 226-11(b)(4)
203. Haw. Rev. Stat. § 226-11(b)(6)
204. Haw. Rev. Stat. § 226-11(b)(7)
205. Haw. Rev. Stat. § 226-11(b)(8)
206. Haw. Rev. Stat. § 226-12(a)
207. Haw. Rev. Stat. § 226-12(b)(1)
208. Haw. Rev. Stat. § 226-12(b)(2)
209. Haw. Rev. Stat. § 226-12(b)(3)
210. Haw. Rev. Stat. § 226-12(b)(4), (5)
211. Haw. Rev. Stat. § 226-13(a)(1)
212. Haw. Rev. Stat. § 226-13(b)(1)
213. Haw. Rev. Stat. § 226-13(b)(2)
214. Haw. Rev. Stat. § 226-13(b)(3)
215. Haw. Rev. Stat. § 226-103(a)(8)(B)
216. Haw. Rev. Stat. § 226-103(b)(2), (4)
217. Haw. Rev. Stat. § 226-52
218. Haw. Rev. Stat. § 226-52(a)(4)
219. Haw. Rev. Stat. § 226-104(b)(5)
220. Idaho Code §§ 67-6504, 67-6508
221. Idaho Code § 67-6508(f)
222. Idaho Code § 67-6517
223. 65 Ill. Rev. Stat. §§ 5/11-12-4, 11-12-5(1)
224. 60 Ill. Rev. Stat. § 1/105-35
225. 55 Ill. Rev. Stat. § 5/5-14001 (County boards are authorized to create “regional planning commissions” that may adopt “regional plans” for all or a portion of the county).
226. 50 Ill. Rev. Stat. §15/1
227. 50 Ill. Rev. Stat. § 805/4
228. 60 Ill. Rev. Stat. §§ 1/115-10, -15
229. 20 Ill. Rev. Stat. §§ 605/605-200, -205
230. Ind. Code §§ 36-7-4-202, -205, -501
231. Ind. Code § 36-7-7-1 et seq.
232. Ind. Code § 36-7-4-503(2)(M)
233. Id.
234. Iowa Code §§ 335.1, 335.5, 414.1, 414 .3
235. Iowa Code §§ 28I.1, 28I.4
236. Iowa Code § 28I.4
237. Iowa Code § 352.1
68 | PLANNING FOR BIODIVERSITY
238. Id.
239. Kan. Stat. Ann. §§ 12-744, 747
240. Kan. Stat. Ann. § 12-744
241. Kan. Stat. Ann. §§ 12-744, 12-747(b)
242. Ky. Rev. Stat. Ann. §§ 100.113, .133, 183
243. Ky. Rev. Stat. Ann. § 147.610, .670(1)
244. Ky. Rev. Stat. Ann. § 100.187
245. Ky. Rev. Stat. Ann. § 147.670(1)
246. Ky. Rev. Stat. Ann. § 147.075, .090
247. Ky. Rev. Stat. Ann. § 7B.070
248. La. Rev. Stat. Ann. §§ 33:102, :106
249. La. Rev. Stat. Ann. § 33:106
250. Me. Rev. Stat. Ann. tit. 30-A, §§ 4301- 4457
251. Me. Rev. Stat. Ann. tit. 12, § 544-B
252. Me. Rev. Stat. Ann. tit. 38, § 1804
253. Me. Rev. Stat. Ann. tit. 5, § 3301 et seq.
254. Me. Rev. Stat. Ann. tit. 5, § 3331 1
255. Me. Rev. Stat. Ann. tit. 5, § 3331 2, 2 A
256. Me. Rev. Stat. Ann. tit. 5, § 3331 2 D
257. Me. Rev. Stat. Ann. tit. 5, § 3331 7 E
258. Me. Rev. Stat. Ann. tit. 30-A, § 4312 2 F
259. Me. Rev. Stat. Ann. tit. 30-A, § 4312 3
260. Me. Rev. Stat. Ann. tit. 30-A, § 4321 et seq.
261. Me. Rev. Stat. Ann. tit. 30-A, § 4326
262. Me. Rev. Stat. Ann. tit. 30-A, § 4312 3 A, E, F
263. Me. Rev. Stat. Ann. tit. 30-A, § 4312 3 H, J
264. Me. Rev. Stat. Ann. tit. 30-A, § 4349-A 1 C(5)
265. Me. Rev. Stat. Ann. tit. 5, § 3341
266. Me. Rev. Stat. Ann. tit. 30-A, § 4323
267. Me. Rev. Stat. Ann. tit. 30-A, § 4325
268. Me. Rev. Stat. Ann. tit. 30-A, § 4326
269. Me. Rev. Stat. Ann. tit. 30-A, § 4326 1
270. Me. Rev. Stat. Ann. tit. 30-A, § 4326 1 B, C
271. Me. Rev. Stat. Ann. tit. 30-A, § 4326 1 E
272. Me. Rev. Stat. Ann. tit. 30-A, § 4326 1 F
273. Me. Rev. Stat. Ann. tit. 30-A, §4326 2 A, D
274. Me. Rev. Stat. Ann. tit. 30-A, § 4326 3-A A(1), (2)
275. Me. Rev. Stat. Ann. tit. 30-A, § 4301
276. Me. Rev. Stat. Ann. tit. 30-A, § 4326 3-A C
277. Me. Rev. Stat. Ann. tit. 30-A, § 4326 3-A F
278. Me. Rev. Stat. Ann. tit. 30-A, § 4326 3-A I
279. Id.
280. Me. Rev. Stat. Ann. tit. 30-A, § 4326 3-A J
281. Me. Rev. Stat. Ann. tit. 30-A, § 4326 3-A A(4)
282. Me. Rev. Stat. Ann. tit. 30-A, § 4326 4
283. Me. Rev. Stat. Ann. tit. 30-A, § 4349-A 3
284. Me. Rev. Stat. Ann. tit. 30-A, § 4346
285. Me. Rev. Stat. Ann. tit. 30-A, § 4346 4
286. Md. S.B. 204 (2001)
287. Md. Code Ann., State Fin. & Proc. §§ 5-402, -403, -602(a), (b)
288. Md. S.B. 204 (2001)
289. Md. Code Ann., State Fin. & Proc. § 5-7A-01
290. Md. Code Ann., State Fin. & Proc. § 5-7A-01(1)-(5)
291. Md. Code Ann., State Fin. & Proc. § 5-7A-01(4)
292. Md. Code Ann., State Fin. & Proc. §§ 5-611(a), 5-612
293. Md. Code Ann., State Fin. & Proc. § 5-7B-01 et seq.
294. Md. Code Ann., State Fin. & Proc. § 5-7B-04
295. Md. Code Ann., State Fin. & Proc. § 5-7B-09(a)(3)
296. Md. Code Ann., State Fin. & Proc. § 5-708 (1), (5), (11)
297. Md. Code Ann., State Fin. & Proc. § 5-709(a)(1)
298. Md. Code Ann., State Fin. & Proc. § 5-709(a)(2)
299. Md. Code Ann., State Fin. & Proc. § 5-709(c)
300. Md. Ann. Code art. 66B §§ 3.01(a), 3.05
301. Md. Ann. Code art. 66B § 1.03(a)(1),(b)(1), §3.05(a)(4)
302. Md. Ann. Code art. 66B § 3.01(a)
303. Md. Ann. Code art. 66B §§ 1.03(a)(1),(b)(1), 3.05(a)(4)
304. Md. Ann. Code art. 66B § 3.05(a)(4)(vii)
305. Md. Ann. Code art. 66B §§ 1.03(a)(1)(iv), 3.05(a)(4)(viii); see also Md. Ann. Code art. 66B §§ 1.03(a)(1)(i)-(iii), 3.05(a)(4) (other required plan elements include: transportation,
mineral resources, land use, and community facilities).
306. Md. Ann. Code art. 66B § 1.03(a)(1)(iv)
307. Md. Ann. Code art. 66B § 1.00(j)
308. Md. Ann. Code art. 66B § 3.05(c)(4)(iv)
309. Md. Ann. Code Art. 66B § 1.01; see also Md. Ann. Code art. 66B § 1.01 (6)-(8) (other visions include encouragement of economic growth, streamlining regulatory mechanisms,
provision for adequate public facilities and infrastructure, and funding mechanisms).
310. Md. Ann. Code Art. 66B § 305(b)(1)
311. Md. Ann. Code Art. 66B § 3.05(a)(6)(ii) 5, 6
312. Md. Code Ann., State Fin. & Proc. § 5-7B-01 et seq.
313. Md. Code Ann., State Fin. & Proc. §§ 5-7B-02, -03
314. Md. Code Ann., State Fin. & Proc. § 5-7B-04; see also Md. Code Ann., State Fin. & Proc. §§ 5-7B-05, 06, 07(b) (citing exceptions).
315. Md. Code Ann., State Fin. & Proc. § 5-7B-06 (a)(3)(iv)
316. Md. Code Ann., State Fin. & Proc. §§ 5-402, -403, -602(a), (b)
317. Mass. Gen. Laws Ann. ch. 41, §§ 81A, 81D
 APPENDIX | 69
318. Mass. Gen. Laws Ann. ch. 40B, §§ 2, 5
319. Mass. Gen. Laws Ann. ch. 41, § 81D(5)
320. Mass. Gen. Laws Ann. ch. 41, § 81D(6)
321. Mass. Gen. Laws Ann. ch. 23B, § 3
322. Mich. Comp. Laws Ann. §§ 125.32, .36
323. Mich. Comp. Laws Ann. §§ 125.101, .104
324. Mich. Comp. Laws Ann. §§ 125.12, .19
325. Mich. Comp. Laws Ann. §§ 125.36, 125.104
326. Mich. Comp. Laws Ann. § 125.36
327. Id.
328. Minn. Stat. Ann. §§ 394.21, .23, .232, §462.351 et seq.
329. Minn. Stat. Ann. § 462.371, .373
330. Minn. Stat. Ann. §§ 462.351, 473.145
331. Minn. Stat. Ann. § 394.25
332. Miss. Code Ann. §§ 17-1-11, -21
333. Miss. Code Ann. § 17-1-29 et seq.
334. Miss. Code Ann. §§ 17-1-1, -11
335. Mo. Rev. Stat §§ 89.310, .340
336. Mo. Rev. Stat §§ 251.160, .180, .320
337. Mo. Rev. Stat. §§ 64.010, .040
338. Mo. Rev. Stat. § 251.170 et seq.
339. Mo. Rev. Stat. § 251.170 et seq.
340. Mo. Rev. Stat. § 251.030
341. Mont. Code Ann. §§ 76-1-101, -106
342. Mont. Code Ann. § 76-1-601(2)(b)(vii)
343. Mont. Code Ann. § 76-1-113
344. Neb. Rev. Stat. §§ 15-1101, -1102
345. Neb. Rev. Stat. §§ 19-925, -929
346. Neb. Rev. Stat. §§ 23-174.04, .05
347. Neb. Rev. Stat. § 23-114
348. Neb. Rev. Stat. §§ 15-1102, 23-174.05
349. Neb. Rev. Stat. §§ 15-1102, 23-174.05 (2)
350. Neb. Rev. Stat. § 84-133
351. Nev. Rev. Stat. §§ 278.030, .150
352. Nev. Rev. Stat. §§ 278.0262, .0272
353. Nev. Rev. Stat. § 278.160(1)(b)
354. Id.
355. Nev. Rev. Stat. § 278.0274(2)
356. Nev. Rev. Stat. §§ 321.700, .740, .750, .755
357. N.H. Rev. Stat. Ann. §§ 673:1, 674:1
358. N.H. Rev. Stat. Ann. §§ 36:45- 36:47
359. N.H. Rev. Stat. Ann. § 674:2
360. N.H. Rev. Stat. Ann. § 674:2 II(b)
361. N.H. Rev. Stat. Ann. § 674:2 III(d)
362. N.H. Rev. Stat. Ann. § 4-C:1
363. N.H. Rev. Stat. Ann. § 9-A:1
364. N.H. Rev. Stat. Ann. § 4-C:2, I(d)
365. N.H. Rev. Stat. Ann. § 9A-:1, III(b)(7)
366. N.J. Stat. Ann. § 52:18A-196 et seq.
367. N.J. Stat. Ann. § 52:18A-199 (c),(d)
368. N.J. Stat. Ann. § 52:18A-199(a)
369. N.J. Stat. Ann. § 52:18A-199(b)
370. N.J. Stat. Ann. § 52:18A-199(c)
371. N.J. Stat. Ann. § 52:18A-201(b)
372. N.J. Stat. Ann. § 52:18A-201(b)(6)
373. N.J. Stat. Ann. § 52:18A-199(a)
374. N.J. Stat. Ann. § 52:18A-196(a)
375. N.J. Stat. Ann. § 52:18A-196(e)
376. N.J. Stat. Ann. § 52:18A-196(d)
377. N.J. Stat. Ann. § 52:18A-196(h)
378. N.J. Stat. Ann. § 52:18A-200, -202.1(a)-(c)
379. N.J. Stat. Ann. § 52:18A-200(a)
380. N.J. Stat. Ann. §52:18A-200(c)
381. N.J. Stat. Ann. § 52:18A-200(d)
382. N.J. Stat. Ann. § 52:18A-200(f)
383. N.J. Stat. Ann. § 52:18A-200(a)
384. Id.
385. N.J. Stat. Ann. § 40:55D-23
386. N.J. Stat. Ann. § 40:27-1, -2
387. N.J. Stat. Ann. § 40:55D-1 et seq.
388. N.J. Stat. Ann. § 40:55D-2(a)
389. N.J. Stat. Ann. § 40:55D-2 (c), (e), (g) & (j)
390. N.J. Stat. Ann. § 40:55D-28(b)(8)
391. Id.
392. N.J. Stat. Ann. § 40:55D-28(b)(2)
393. N.J. Stat. Ann. § 40:27-2
394. N.J. Stat. Ann. § 40:55D-4
395. N.J. Stat. Ann. § 40:55D-27(b)
396. Id.
397. N.J. Stat. Ann. § 52:18A-199 (c), (d)
398. N.J. Stat. Ann. § 52:18A-201 (b)(1)-(6)
399. N.M. Stat. Ann. §§ 3-19-1, -9
70 | PLANNING FOR BIODIVERSITY
400. N.M. Stat. Ann. §§ 3 -56-1, -2, -5
401. N.M. Stat. Ann. §§ 4-57-1 to -3
402. N.M. Stat. Ann. §§ 9-14-1, -3
403. N.Y. Gen. City Law §§19-28; N.Y.Village Law § 7; N.Y. County Law § 220; N.Y.Town Law §§ 260-285
404. N.Y. Gen. Mun. Law § 239-h
405. N.Y. Gen. City Law § 28-a(4)(b)
406. Id.
407. N.C. Gen. Stat. § 160A-361
408. N.C. Gen. Stat. § 153A-321
409. N.C. Gen. Stat. §§ 153A-391, -395(6)
410. N.C. Gen. Stat. §§ 113A-150, -153(c)
411. N.C. Gen. Stat. § 143-506.6 et seq.
412. N.C. Gen. Stat. §§ 143-506.6, 506.7
413. N.D. Cent. Code § 40-48-03
414. N.D. Cent. Code § 58-03-12
415. N.D. Cent. Code § 11-33-07
416. N.D. Cent. Code § 54-40.1-04(6)
417. N.D. Cent. Code § 40-48-02
418. Ohio Rev. Code Ann. §§ 713.01, .02
419. Ohio Rev. Code Ann. §§ 713.22, .23
420. Id.
421. Ohio Rev. Code Ann. § 713.23(B)(1)(f)
422. Ohio Rev. Code Ann. § 713.02
423. Ohio Rev. Code Ann. § 122.06
424. Okla. Stat. Ann. tit. 11 §§ 45-101, -103
425. Okla. Stat. Ann. tit. 19 §§ 865.51, .57, 868.6
426. Okla. Stat. Ann. tit. 19 §§ 863.1, .7, § 866.10
427. Okla. Stat. Ann. tit. 19 §§ 863.7, 866.10
428. Okla. Stat. Ann. tit. 11 §§ 47-101, -106
429. Okla. Stat. Ann. tit. 19 § 868.6
430. Id.
431. Or. Rev. Stat. § 197.005(2)
432. Or. Rev. Stat. §197.230(1)(c)
433. Oregon Administrative Rules 660-015-0000(5)
434. Or. Rev. Stat. § 197.277
435. Or. Rev. Stat. § 197.279
436. Or. Rev. Stat. § 197.405(1)
437. Or. Rev. Stat. § 197.405(2)
438. Or. Rev. Stat. § 197.405(l)
439. Or. Rev. Stat. §§ 197.135(2), .405(1), .405(4)
440. Or. Rev. Stat. §197.4l0
441. Or. Rev. Stat. §§ 197.010, .015(5)
442. Or. Rev. Stat. § 197.015(5)
443. Or. Rev. Stat. § 197.065
444. Or. Rev. Stat. § 197.298
445. Or. Rev. Stat. § 197.l86
446. Or. Rev. Stat. § 197.301
447. Or. Rev. Stat. § 197.445(2)
448. Or. Rev. Stat. § 197.455(1)(b)-(e)
449. Or. Rev. Stat. § 197.460(1)
450. Or. Rev. Stat. § 197.467(1)
451. Or. Rev. Stat. § 197.175
452. Or. Rev. Stat. § 197.320
453. Pa. Stat. Ann. tit. 53 §§ 10201, 10209.1
454. Pa. Stat. Ann. tit. 53 § 10301.4
455. Pa. Stat. Ann. tit. 53 § 10301(a)(6)
456. Id.
457. Pa. Stat. Ann. tit. 53 § 10301(a)(7)(i)
458. Pa. Stat. Ann. tit. 53 § 10301(a)(4.1)
459. Pa. Stat. Ann tit 53 § 10918
460. Pa. Stat. Ann. tit. 53 § 10301(a)(2)
461. Pa. Stat. Ann. tit. 53 § 10105
462. Pennsylvania Department of Community and Economic Development, “Land Use Planning and Technical Assistance Program: Program Guidelines” (April 2002),
http://www.inventpa.com/docs/Document/application/pdf/3c5b9d2c-6379-4b7a-9976-1c9b26f633c4/LUPTAGuide.pdf.
463. R.I. Gen. Laws § 45-22.2 et seq.
464. R.I. Gen. Laws § 45-22.2-2
465. R.I. Gen. Laws § 45-22.2-7(a)
466. R.I. Gen. Laws § 45-22.2-10(e)
467. R.I. Gen. Laws § 45- 22.2-5(b)
468. R.I. Gen. Laws § 45-22.2-4(26)
469. R.I. Gen. Laws § 45-22.2-3(c)(4)-(6)
470. R.I. Gen. Laws § 45-22.2-5(a)(1)
471. R.I. Gen. Laws § 42-11-10(d)
472. R.I. Gen. Laws § 42-11-10
473. R.I. Gen. Laws § 42-11-10(e)(12)
474. R.I. Gen. Laws § 45-22.2-2
475. R.I. Gen. Laws § 45-22.2-9
476. R.I. Gen. Laws § 45-22.2-6(2)
477. R.I. Gen. Laws § 45-22.2-6(5)
478. R.I. Gen. Laws § 45-22.2-6(7)
479. R.I. Gen. Laws § 45-22.2-9(d)
480. R.I. Gen. Laws § 45-22.2-11(a)
 APPENDIX | 71
481. S.C. Code Ann. §§ 6-29-320, -510
482. S.C. Code Ann. § 6-29-510(D)(3)
483. S.C. Code Ann. § 6-29-510(D)(7)
484. S.C. Code Ann. § 6-29-510(D)(3)
485. S.D. Codified Laws Ann. § 11-6-2
486. S.D. Codified Laws Ann. §§ 11-2-2, -11
487. S.D. Codified Laws Ann. § 11-2-1
488. S.D. Codified Laws Ann. § 11-1-11
489. S.D. Codified Laws Ann. § 11-1-9
490. Tenn. Code Ann. § 6-58-101 et seq.
491. Tenn. Code Ann. § 6-58-101(3)
492. Tenn. Code Ann. § 6-58-103
493. Tenn. Code Ann. § 6-58-102(5)
494. Tenn. Code Ann. § 6-58-107
495. Id.
496. Tenn. Code Ann. § 6-58-101
497. Tenn. Code Ann. § 6-58-107(1)-(8)
498. Tenn. Code Ann. §§ 4-3-727, 6-58-107
499. Tenn. Code Ann. §§ 6-58-101(3), -103(a)
500. Tenn. Code Ann. § 6-58-107
501. Tenn. Code Ann. §§ 13-4-101, 201
502. Tenn. Code Ann. § 6-58-104(a)(1), (2) (four committee members appointed by political leaders assure “broad representation of environmental, construction and homeowner
interests”).
503. Tenn. Code Ann. § 6-58-106(a)(1)(E)
504. Tenn. Code Ann. § 6-58-106(a)(2)
505. Tenn. Code Ann. §§ 6-58-101(4), -106(b)(1)(E)
506. Tenn. Code Ann. § 6-58-106(b)(2)
507. Tenn. Code Ann. § 6-58-106(c)(1)(C)
508. Tenn. Code Ann. § 6-58-106(c)(1)(D)
509. Tenn. Code Ann. § 6-58-109 (a)(1)-(3)
510. Tenn. Code Ann. § 6-58-110
511. Tenn. Code Ann. § 6-58-107
512. Tenn. Code Ann. § 4-3-727
513. Tex. Local Gov’t Code §§ 371.001, .041
514. Tex. Local Gov’t Code §§ 391.001, .003, .004
515. Tex. Local Gov’t Code §§ 371.042, .043
516. Utah Code Ann. §§ 10-9-201(1)(a), -204(1), -301
517. Utah Code Ann. §§ 17-27-201, -204
518. Utah Code Ann. § 17-27-301(1)(b)
519. Utah Code Ann. § 10-9-301 et seq.
520. Utah Code Ann. § 17-27-302(2)(c)(i)
521. Utah Code Ann. §§ 11-38-201, -202
522. Utah Code Ann. §§ 63-28-1, -4
523. Vt. Stat. Ann. tit. 24, § 4301 et seq.
524. Vt. Stat. Ann. tit. 24, § 4302(a)
525. Vt. Stat. Ann. tit. 24, §§ 4381, 4382
526. Vt. Stat. Ann. tit. 24, §§ 4302(e)(2)(A), 4345a(5)
527. Vt. Stat. Ann. tit. 3, § 4020(a)
528. Vt. Stat. Ann. tit. 3, §§ 4020, 4021
529. Vt. Stat. Ann. tit. 24, § 4302(b)(3)
530. Vt. Stat. Ann. tit. 24, § 4302(c)(1)
531. Vt. Stat. Ann. tit. 24, § 4302(c)(2), (4)
532. Vt. Stat. Ann. tit. 24, § 4302(c)(5)(A)-(C)
533. Vt. Stat. Ann. tit. 24, § 4302(c)(6)
534. Vt. Stat. Ann. tit. 24, § 4302(c)(10)
535. Vt. Stat. Ann. tit. 24, § 4302(c)(8)(B)
536. Vt. Stat. Ann. tit. 10, § 6042
537. Vt. Stat. Ann. tit. 10, § 6046
538. Vt. Stat. Ann. tit. 24, § 4381
539. Vt. Stat. Ann. tit. 24, § 4345a(5)
540. Vt. Stat. Ann. tit. 24, § 4382(a)
541. Vt. Stat. Ann. tit. 24, § 4382(a)1-10
542. Vt. Stat. Ann. tit. 24, § 4384(c)(3), (4)
543. Vt. Stat. Ann. tit. 24, § 4348a(a)(1)
544. Vt. Stat. Ann. tit. 24, § 4348a(a)(2)(A)
545. Vt. Stat. Ann. tit. 24, § 4345a(5)(D)
546. Vt. Stat. Ann. tit. 24, § 4345(6)
547. Vt. Stat. Ann. tit. 24, § 4345(12)
548. Vt. Stat. Ann. tit. 24, § 4345a(1)-(3)
549. Vt. Stat. Ann. tit. 24, § 4305(a)
550. Vt. Stat. Ann. tit. 24, § 4305(b)
551. Vt. Stat. Ann. tit. 24, § 4305(c), (d)
552. Vt. Stat. Ann. tit. 10, § 6086(a)(8)
553. Vt. Stat. Ann. tit.10, § 6086(a)(8)(A)
554. Vt. Stat. Ann. tit. 10, § 6001(12)
555. Vt. Stat. Ann. tit. 24, § 4305(c), (d)
556. Vt. Stat. Ann. tit. 24, § 4345a(1)-(3)
557. Vt. Stat. Ann. tit. 24, § 4305
558. Va. Code Ann. §§ 15.2-2210, -2211
559. Va. Code Ann. § 15.2-2223
560. Va. Code Ann. §§ 15.2-4200 et seq., -4208
561. Va. Code Ann. §§ 15.2-4200 et seq., -4209
72 | PLANNING FOR BIODIVERSITY
562. Va. Code Ann. § 15.2-2223
563. Wash. Rev. Code §§ 36.70A.010, .020, .040
564. Wash. Rev. Code § 36.70A.020(5), (8)-(10)
565. Wash. Rev. Code § 36.70A.103
566. Wash. Rev. Code § 36.70.010 et seq.
567. Wash. Rev. Code § 35.63.010 et seq.
568. Wash. Rev. Code §§ 36.70A.040, .210
569. Wash. Rev. Code §§ 36.70.010, .030, .040, .050, .320
570. Wash. Rev. Code § 35.63.020
571. Wash. Rev. Code § 35.63.090
572. Wash. Rev. Code §§ 36.70A.040(3), 36.70A.170, 36.70A.210
573. Wash. Rev. Code § 36.70A.070(1)
574. Wash. Rev. Code § 36.70A.070(7), (8)
575. Wash. Rev. Code § 36.70A.070(1)
576. Wash. Rev. Code § 36.70A.070(5)
577. Wash. Rev. Code § 36.70A.070(5)(c)
578. Wash. Rev. Code § 36.70A.070(5)(c)(iv)
579. Wash. Rev. Code § 36.70A.030(5)
580. Wash. Rev. Code § 36.70A.172(1)
581. Wash. Rev. Code § 36.70A.060
582. Wash. Rev. Code § 36.70A.050(1)(a), (2)(g)
583. Wash. Rev. Code §§ 36.70A.040(3), .110
584. Wash. Rev. Code § 36.70A.160
585. Wash. Rev. Code § 90.58 et seq.
586. Wash. Rev. Code § 36.70A.480(1)
587. Wash. Rev. Code § 36.70A.060(2)
588. Wash. Rev. Code § 36.70 et seq.
589. Wash. Rev. Code § 36.70.330(1), (2)
590. Wash. Rev. Code § 35.63.090
591. Wash. Rev. Code § 36.70A.080(1)(a)
592. Wash. Rev. Code §§ 36.70A.350(1)(f), (h), (i), 36.70A.365(2)(d), (f), (g)
593. Wash. Rev. Code § 36.70A.360(1), (4)(d)
594. Wash. Rev. Code § 36.70.350
595. Wash. Rev. Code §§ 36.70A.250, .280
596. Wash. Rev. Code § 36.70A.800
597. Wash. Rev. Code §§ 36.70A.250, .280
598. Wash. Rev. Code § 36.70A.190
599. W.Va. Code §§ 8-24-1, -16
600. W.Va. Code §§ 8-25-5, -8
601. Id.
602. W.Va. Code § 8-24-16
603. W.Va. Code § 8-24-17
604. W.Va. Code § 8-24-17
605. W.Va. Code § 8-25-3
606. Wis. Stat. Ann. § 62.23(1), (2)
607. Wis. Stat. Ann. §§ 59.69, 59.97-1
608. Wis. Stat. Ann. § 60.61
609. Wis. Stat. Ann. § 66.0309(2)(a)
610. Wis. Stat. Ann. § 1.13(2)(c)
611. Wyo. Stat. §§ 15-1-502, 503
612. Wyo. Stat. § 18-5-103
613. Wyo. Stat. § 15-1-503
614. Wyo. Stat. § 15-1-503
615. Wyo. Stat. §§ 9-8-102, 202
616. Wyo. Stat. § 9-8-201
 APPENDIX | 1

APPENDIX B:
SELECTED BIBLIOGRAPHY OF RELEVANT SOURCES

AMERICAN PLANNING ASSOCIATION, PLANNING FOR SMART GROWTH 2002: STATE OF THE STATES: A SURVEY OF STATE
PLANNING REFORMS AND SMART GROWTH MEASURES IN ORDER TO MANAGE GROWTH AND DEVELOPMENT (2002). Full
report available at: http://www.planning.org/growingsmart/states2002.htm.

Beatley, Preserving Biodiversity: Challenges for Planners, 66(1) JOURNAL OF THE AMERICAN PLANNING ASSOCIATION 5-20
(Winter 2000). Abstract available at: http://pqasb.pqarchiver.com/planning/.

BENFIELD ET AL., ONCE THERE WERE GREENFIELDS: HOW URBAN SPRAWL IS UNDERMINING AMERICA’S ENVIRONMENT,
ECONOMY AND SOCIAL FABRIC (Natural Resources Defense Council 1999). Summary available at:
http://www.nrdc.org/cities/smartGrowth/nnews.asp.

BENFIELD ET AL., SOLVING SPRAWL: MODELS OF SMART GROWTH IN COMMUNITIES ACROSS AMERICA (Natural Resources
Defense Council 2001). Summary available at: http://www.nrdc.org/cities/smartGrowth/nsolve.asp.

Butler, Balancing Growth and Habitat Preservation, ENVIRONMENT AND DEVELOPMENT (May 1993). Abstract available at:
http://www.planning.org/abstracts/details.asp?Num=35.

COHN AND LERNER, INTEGRATING LAND USE PLANNING AND BIODIVERSITY (Defenders of Wildlife 2003). Full report
available at: http://www.biodiversitypartners.org/Pubs/landuse/001.html.

Cort, A Survey of the Use of Natural Heritage Data in Local Land-Use Planning, 10(2) CONSERVATION BIOLOGY 632-637
(1996).

Dale et al., Ecological Principles and Guidelines for Managing the Use of Land, 10(3) ECOLOGICAL APPLICATIONS 639-670
(Ecological Society of America 2000). Full article available through search engine at:
http://www.esapubs.org/esapubs/journals/applications_main.htm.

DUERKSEN ET AL., HABITAT PROTECTION PLANNING: WHERE THE WILD THINGS ARE, PLANNING ADVISORY SERVICE
REPORT NO.470/471 (American Planning Association 1997). Abstract and Table of Contents available at:
http://www.planning.org/bookservice/description.htm?BCODE=P470.

COMMITTEE ON LAND USE, ECOLOGICAL SOCIETY OF AMERICA, ECOLOGICAL PRINCIPLES FOR MANAGING LAND USE
(Ecological Society of America April 2000). Full brochure available at: http://esa.sdsc.edu/landuseb.pdf.

GROVES ET AL., DRAFTING A CONSERVATION BLUEPRINT: A PRACTITIONER’S GUIDE TO PLANNING FOR BIODIVERSITY
(Island Press 2003).

HONACHEFSKY, ECOLOGICALLY BASED MUNICIPAL LAND USE PLANNING (CRC Press 2000).

LEEDY ET AL., PLANNING FOR WILDLIFE IN CITIES AND SUBURBS, PLANNING ADVISORY SERVICE REPORT NO. 331
(American Society of Planning Officials 1978).
2 | PLANNING FOR BIODIVERSITY

MARYLAND OFFICE OF PLANNING, MANAGING MARYLAND’S GROWTH, MODELS AND GUIDELINES: ACHIEVING
ENVIRONMENTALLY SENSITIVE DESIGN IN GROWTH AREAS THROUGH FLEXIBLE AND INNOVATIVE REGULATIONS (1995).
Full report available at http://www.mdp.state.md.us/smartgrowth/pdf/Mmg11.PDF.

MARYLAND OFFICE OF PLANNING AND MARYLAND DEPARTMENT OF NATURAL RESOURCES, MANAGING MARYLAND’S
GROWTH, MODELS AND GUIDELINES: SENSITIVE AREAS VOLUME II (1998). Table of Contents available at:
http://www.mdp.state.md.us/mgs/98-18.htm.

NOLON, WELL GROUNDED: USING LOCAL LAND USE AUTHORITY TO ACHIEVE SMART GROWTH (Environmental Law
Institute 2001). Abstract available at: http://www.elistore.org/books_detail.asp?ID=24.

PECK, PLANNING FOR BIODIVERSITY: ISSUES AND EXAMPLES (Island Press1998).

MARYLAND OFFICE OF PLANNING, MARYLAND DEPARTMENT OF NATURAL RESOURCES, PREPARING A SENSITIVE AREAS
ELEMENT FOR THE COMPREHENSIVE PLAN (May 1993).

Schwab, Planning for Wildlife Mitigation Corridors, ENVIRONMENT AND DEVELOPMENT (May 1994). Abstract available at:
http://www.planning.org/abstracts/details.asp?Num=518.

Schwab, The Biology of Wildlife Mitigation Corridors, ENVIRONMENT AND DEVELOPMENT (April 1994). Abstract available
at: http://www.planning.org/abstracts/details.asp?Num=519.

SMART GROWTH NETWORK AND INTERNATIONAL CITY/COUNTY MANAGEMENT ASSOCIATION, GETTING TO SMART
GROWTH: 100 POLICIES FOR IMPLEMENTATION (2002). Full report available at: http://www.smartgrowth.org/pdf/get-
tosg.pdf.

WILEY, NO PLACE FOR NATURE: THE LIMITS OF OREGON’S LAND USE PROGRAM IN PROTECTING FISH AND WILDLIFE
HABITAT IN THE WILLAMETTE VALLEY (Defenders of Wildlife 2001). Full report available at: http://www.biodiversitypart-
ners.org/Wiley/foreword.html.
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